1 00:00:01,480 --> 00:00:03,540 Good evening, please rise to the pledge of allegiance. 2 00:00:13,620 --> 00:00:16,740 Good evening, Mr. 3 00:00:20,510 --> 00:00:26,850 Chairman, members of the board. I think we had the minutes from the last meeting 4 00:00:26,850 --> 00:00:30,650 just got posted today, so I think we're going to hold those off until the next meeting. 5 00:00:30,650 --> 00:00:30,970 Okay. 6 00:00:31,710 --> 00:00:36,150 There's no need to rush those, or provide them in the plenty of time for that meeting. 7 00:00:37,690 --> 00:00:40,830 So we move to the next section, which is Project Extensions. 8 00:00:41,510 --> 00:00:46,470 We have a resolution on for the extension of filing time for three subdivisions, country 9 00:00:46,470 --> 00:00:49,790 hollowest states, roburgest states, and yasselflap. 10 00:00:50,070 --> 00:00:50,550 Motion, please. 11 00:00:51,150 --> 00:00:51,930 Motion, Mrs. Mendole. 12 00:00:52,150 --> 00:00:52,550 Second. 13 00:00:52,730 --> 00:00:53,630 Second, Mr. Tentello. 14 00:00:53,750 --> 00:00:54,250 Will a favor? 15 00:00:54,450 --> 00:00:54,690 Aye. 16 00:00:54,870 --> 00:00:55,350 Opposed? 17 00:00:55,510 --> 00:00:55,970 Motion carries. 18 00:00:55,970 --> 00:01:01,010 Okay, we also have a resolution on for the extension of a lot line change approvals. 19 00:01:01,690 --> 00:01:04,430 We have Bravoville Gilmarton in Demilio. 20 00:01:04,550 --> 00:01:05,770 Motion please. 21 00:01:07,070 --> 00:01:09,370 Second, Mr. Becker, second, Mr. Bontapio and favor. 22 00:01:09,550 --> 00:01:09,770 Aye. 23 00:01:09,990 --> 00:01:10,530 Any pose? 24 00:01:10,970 --> 00:01:11,470 Motion carries. 25 00:01:12,290 --> 00:01:18,410 Okay, and we have one resolution on tonight to establish a landscape bond for the Dixil's Plaza Parking 26 00:01:18,410 --> 00:01:19,990 2025 application. 27 00:01:20,390 --> 00:01:20,930 Motion please. 28 00:01:22,230 --> 00:01:23,650 Motion, Mr. Tantello, second. 29 00:01:23,830 --> 00:01:24,390 Second. 30 00:01:24,390 --> 00:01:28,050 This is Amidola Olavabra, any opposed? Motion carries. 31 00:01:29,450 --> 00:01:29,890 Okay, I 32 00:01:32,000 --> 00:01:33,300 just want to wait a second. 33 00:01:33,500 --> 00:01:35,300 We're trying to get the screen back up and running. 34 00:02:51,040 --> 00:02:55,880 The first site plan on the agenda for tonight is 1714 New York Avenue, 35 00:02:56,080 --> 00:02:57,740 take five oil change. 36 00:02:58,300 --> 00:03:01,940 This is an application that had gone to the zoning board of appeals. 37 00:03:02,380 --> 00:03:06,980 It is an auto repair use, auto repair uses require special use permits 38 00:03:06,980 --> 00:03:08,200 in the C6 zoning. 39 00:03:08,200 --> 00:03:12,820 This had been in gas station with an order repair use in the past. 40 00:03:13,520 --> 00:03:17,660 They are proposing to knock down the existing building and construct a new building. 41 00:03:18,520 --> 00:03:20,240 This will be a quick change royal place. 42 00:03:21,240 --> 00:03:23,960 So basically there's not a site with a lot of on-site parking. 43 00:03:24,080 --> 00:03:28,800 It is a site with lanes for stacking cars drive up. 44 00:03:28,960 --> 00:03:31,300 Go into the building, come out the other end. 45 00:03:31,980 --> 00:03:33,480 So you see the plan there. 46 00:03:33,500 --> 00:03:35,380 The cars will come off. 47 00:03:35,380 --> 00:03:36,900 off East 15th Street. 48 00:03:36,920 --> 00:03:39,960 This is a location just north of where West Hills Road 49 00:03:39,960 --> 00:03:41,280 comes into New York Avenue. 50 00:03:42,060 --> 00:03:43,580 So long New York Avenue there. 51 00:03:43,720 --> 00:03:45,780 It is a difficult traffic situation. 52 00:03:45,960 --> 00:03:48,380 You can see by the lines with the arrows. 53 00:03:48,540 --> 00:03:51,060 You have two traffic signals on the north and south ends 54 00:03:51,060 --> 00:03:52,400 of the property on 110. 55 00:03:53,060 --> 00:03:55,240 So is judge that the side street entrance 56 00:03:55,240 --> 00:03:57,240 would be better for a traffic flow. 57 00:03:57,900 --> 00:04:00,660 This is right now, it's before us for an introduction. 58 00:04:01,000 --> 00:04:02,860 They just got there approval from the zone of Board 59 00:04:02,860 --> 00:04:03,480 of Appeals. 60 00:04:03,480 --> 00:04:10,240 It's coming back to us for site plan approval and they've been put us for us for discussions of the architecture 61 00:04:10,240 --> 00:04:14,550 This is the building their plant proposing to the planning board 62 00:04:15,180 --> 00:04:18,840 And they staff wanted to see if you have any comments on the design 63 00:04:20,640 --> 00:04:29,560 Is there any way they could make the five a little smaller maybe not make it so cartoony or is that there is that their brand 64 00:04:30,120 --> 00:04:32,000 That's awesome. This is I'm a dual 65 00:04:34,380 --> 00:04:39,560 Is there anything in the vicinity that has as aggressive branding, I think, is what? 66 00:04:40,620 --> 00:04:41,580 I don't think so. 67 00:04:42,140 --> 00:04:47,960 There's a couple, you know, there's not that many, obviously, chain business in the place. 68 00:04:48,100 --> 00:04:52,060 There might be one or two on the west side of the road. 69 00:04:52,080 --> 00:04:56,500 I think there's a polio compare out there, but that's set back from the street. 70 00:04:57,220 --> 00:04:59,680 So they don't really notice it that much, but maybe we could, 71 00:04:59,680 --> 00:04:59,960 Thank you very much. 72 00:05:00,000 --> 00:05:07,380 Try to reduce the size of some of that signage a little bit. They do seem to have a lot of signs. I think I was talking 73 00:05:07,380 --> 00:05:14,680 staff before they did get variances to allow the signs on all frontages of the building. But certainly 74 00:05:14,680 --> 00:05:21,220 there's nothing that inhibits us from making some minor changes to try to make the signage. 75 00:05:21,220 --> 00:05:22,100 I actually like it. 76 00:05:22,240 --> 00:05:23,360 I think it's pretty cool. 77 00:05:24,910 --> 00:05:24,990 Yep. 78 00:05:27,980 --> 00:05:29,140 Craig, that should be good for that. 79 00:05:29,660 --> 00:05:32,020 Craig, would you mention something about, 80 00:05:32,820 --> 00:05:34,720 I took it to be elevated parking. 81 00:05:34,860 --> 00:05:37,700 Is that they're going to have lots like that? 82 00:05:38,620 --> 00:05:39,800 What do you, what do you have this question? 83 00:05:40,220 --> 00:05:42,020 In other words, we had this in hunting 84 00:05:42,020 --> 00:05:43,960 in station where we heard everyone 85 00:05:43,960 --> 00:05:47,500 and they had allocated certain spaces to deal. 86 00:05:47,620 --> 00:05:50,680 And part of it was predicated on being able to put them 87 00:05:50,680 --> 00:05:53,040 in elevated device and go up. 88 00:05:53,040 --> 00:05:54,460 And then you're on the second. 89 00:05:54,880 --> 00:05:56,820 Oh, if you're parking multiple of the notes, 90 00:05:57,140 --> 00:05:57,880 this doesn't have anything. 91 00:05:58,440 --> 00:06:00,400 This, I mean, these kind of uses generally tend 92 00:06:00,400 --> 00:06:02,200 to have very minor parking requirements. 93 00:06:02,560 --> 00:06:05,580 It's the employees only because all the customers 94 00:06:05,580 --> 00:06:06,500 stay in their car. 95 00:06:06,740 --> 00:06:08,820 As you can see, by the sign of John the Building, 96 00:06:09,700 --> 00:06:11,260 they want everyone to stay in their car. 97 00:06:11,280 --> 00:06:13,000 As they're waiting, as they're getting service. 98 00:06:13,940 --> 00:06:17,020 So parking demand for these kind of uses is very low. 99 00:06:17,100 --> 00:06:18,060 Thank you. 100 00:06:23,000 --> 00:06:32,360 The second application on tonight, similar at least previous use, it's Anton Realty of Long Island Site Plan. 101 00:06:32,600 --> 00:06:34,980 Did you say there was a resolution for approval on that? 102 00:06:35,040 --> 00:06:36,400 No, that is introduction. 103 00:06:36,740 --> 00:06:41,120 It's the first time it's back going for the full Site Plan review. 104 00:06:46,420 --> 00:06:52,380 Anton Realty of L.I. Site Plan, this is also an existing gas station and auto repair site. 105 00:06:52,380 --> 00:06:59,640 They went to the town board, in this case, and got a zone change approval to C-11, the gas station zone. 106 00:07:00,460 --> 00:07:04,800 As with many, all the other applicants we see on for that zoning classification, 107 00:07:05,760 --> 00:07:10,600 they are planning to add a convenience store replacing the order repair use on the site. 108 00:07:11,280 --> 00:07:17,440 So they have now also gone to the zoning board for their variances. 109 00:07:17,660 --> 00:07:20,020 They've come back and they're starting the site plan process. 110 00:07:20,020 --> 00:07:34,580 So, it's just before us for an introduction, the staff just wanted to point out some of the items that we normally consider as waivers as part of the site plan review is that they have non-conforming drive aisle widths. 111 00:07:34,780 --> 00:07:48,860 In this case, for the most part, existing conditions, they are planning to reuse the existing pump areas, so they really don't have space on the east side of the pumps along the road for cars to pass by if there's cars at the pumps. 112 00:07:49,480 --> 00:07:55,820 And on the west side, also, we've had them at a side walk in front of the building for safety purposes, 113 00:07:56,900 --> 00:08:03,960 and also to help people access the building from the handicap parking space, 114 00:08:04,400 --> 00:08:06,760 which cut down on their access a little bit now. 115 00:08:06,880 --> 00:08:11,380 They're now 16 feet on that side, between the building and the pumps, 116 00:08:11,680 --> 00:08:14,220 but they are signing that for one way travel. 117 00:08:14,220 --> 00:08:22,340 So, we think that is a good alternative that removes any concern about their not being enough space for cars to go in two directions. 118 00:08:23,140 --> 00:08:28,520 There are also one little point to Vince now showing you on the south side of the site. 119 00:08:29,040 --> 00:08:35,640 There is only 16 feet there between where a car would park at the pump in the adjacent parking space. 120 00:08:35,640 --> 00:08:41,680 It's at a point, you can see that curb sort of curbs, so it widens out, is it reaches the curb cut. 121 00:08:42,060 --> 00:08:46,900 That might be at area where just as a little bit of a pinch when cars are entering an exiting. 122 00:08:48,220 --> 00:08:54,060 But again, this is an improvement over existing conditions. These are existing pump locations. 123 00:08:54,480 --> 00:09:04,320 We are getting the parking. We need, and I think our staff is pointed out that this is as in every other gas station in Huntington. 124 00:09:04,320 --> 00:09:09,120 it's a full-service site, so there is staff at the pumps that are going to be monitoring traffic 125 00:09:09,120 --> 00:09:14,520 flow, and being that this has been an existing condition at the site for many, many years, 126 00:09:15,300 --> 00:09:17,600 we think they are probably able to handle these. 127 00:09:17,600 --> 00:09:24,360 So the existing conditions that are deficient are being improved or status quo with the 128 00:09:24,360 --> 00:09:28,500 exception of the drive-out with, and that deficiency is acceptable to the staff? 129 00:09:28,680 --> 00:09:28,980 Yes. 130 00:09:28,980 --> 00:09:36,360 This is sort of what we have been working on them for, you know, this is best case scenario for improving the site where we could. 131 00:09:37,000 --> 00:09:41,260 Obviously, you know, right now it's a very, this is why it opened the entire site's paved. 132 00:09:41,300 --> 00:09:44,340 We're getting landscaping, we're getting product and buffers. 133 00:09:45,380 --> 00:09:51,020 The one thing there's been some discussion about is the signage on the building. 134 00:09:53,190 --> 00:09:59,970 I think being that up now, they do have, they are adding a canopy. 135 00:10:00,000 --> 00:10:09,300 Over the pumps, which is on the east side of the building, and there's been right now they're showing symbols on three sides of the pump. 136 00:10:09,900 --> 00:10:19,740 On one side, on the east side facing the street, they are requesting an illuminated sign. It's facing a residential zone across the street. 137 00:10:19,920 --> 00:10:24,760 That would normally be a case where we would ask that the sign not be illuminated. 138 00:10:24,760 --> 00:10:31,000 I think in this case you have illuminated signs on the south side facing people coming up Green 139 00:10:31,000 --> 00:10:35,920 Lundbrode right from the south. You have it on the north side, just getting traffic coming from the north, 140 00:10:36,760 --> 00:10:42,240 as well as people coming west down Little Plains Road. There really doesn't seem to be any benefit 141 00:10:42,240 --> 00:10:49,200 having additional signage on that site and that lighting because its canopy is right on the property line right 142 00:10:49,200 --> 00:10:54,900 at the street, it is shining towards the residential property, and that would be something we recommend they remove. 143 00:10:55,120 --> 00:10:57,340 So will have that removed before we see it? 144 00:10:58,340 --> 00:11:00,300 That's something a planning board agrees with the staff. 145 00:11:00,520 --> 00:11:02,060 That's something we'll ask the applicant to do. 146 00:11:02,720 --> 00:11:04,540 Anybody agree with that? 147 00:11:04,800 --> 00:11:05,920 I would say we would do that. 148 00:11:09,960 --> 00:11:15,860 The third site plan on for tonight is 200 West Carver Street modifications. 149 00:11:17,120 --> 00:11:22,120 Title is so named because it's a site where they're making very minor changes to an 150 00:11:22,120 --> 00:11:24,940 existing office building and parking lot. 151 00:11:25,520 --> 00:11:31,520 They have mostly been upgrading existing features on the site, replacing some of the old 152 00:11:31,520 --> 00:11:38,340 onings that are there now, repaving the parking lot, restriping it, providing making sure 153 00:11:38,340 --> 00:11:42,740 that handicapped areas are well marked and paths into the building are well marked. 154 00:11:43,360 --> 00:11:44,580 This is right now. 155 00:11:44,760 --> 00:11:47,620 It is before us with a resolution for a site plan approval. 156 00:11:49,400 --> 00:11:49,820 Motion, please. 157 00:11:49,820 --> 00:11:53,040 then? Yes. What's the second? Second. Second. Second. Second was the Tantillo 158 00:11:53,040 --> 00:11:55,440 Wallerfavor, and the POST, motion carries. 159 00:11:57,400 --> 00:12:03,720 The fourth site plan on for tonight is Spagnulli road. LLC warehouse. 2026. 160 00:12:05,900 --> 00:12:06,360 This is an 161 00:12:06,360 --> 00:12:12,340 application we have seen twice in recent years for approvals. This was the site that the 162 00:12:12,340 --> 00:12:17,180 Town Board reasoned to aye to light industrial zoning which is the most common zoning 163 00:12:17,180 --> 00:12:25,380 along Spagnilly Road, original intent was to build a large warehouse, we later approved a 164 00:12:25,380 --> 00:12:33,280 site plan for two warehouses on the property. The now are have a possible tenant being 165 00:12:33,280 --> 00:12:40,260 Amazon on the site, so they proposed a new site plan design with a smaller building, but with 166 00:12:40,260 --> 00:12:46,140 more parking area for all the Amazon delivery trucks. I sort of see there on the screen, 167 00:12:46,140 --> 00:12:49,960 sort of little black areas where they stack in the morning, waiting to be loaded. 168 00:12:50,940 --> 00:12:54,940 This site plan does have a lot of similarities with the previous site plans. 169 00:12:55,520 --> 00:13:00,420 They have primary driveways on the west side of the site, on the inside of that curve. 170 00:13:00,980 --> 00:13:05,680 And on the east side of that site entering from sort of a diagonal direction towards 171 00:13:05,680 --> 00:13:06,620 spectacular road. 172 00:13:07,360 --> 00:13:12,120 This site is also adding a third curve cut in the middle that will be where tractor trailers 173 00:13:12,120 --> 00:13:14,720 enter the site and deliver into the building. 174 00:13:14,720 --> 00:13:21,420 They are maintaining their previous rating plans for the most part from previous plans. 175 00:13:21,580 --> 00:13:27,200 They have a conservation easement in buffer area along the rear of the property where they 176 00:13:27,200 --> 00:13:32,960 bought up against SUNY Farmingdale and they are building retaining walls in front of that 177 00:13:32,960 --> 00:13:36,420 buffer line to help the site level. 178 00:13:37,320 --> 00:13:43,220 This is before us that even though there have been a number of changes to the site, there are 179 00:13:43,220 --> 00:13:48,500 So a number of similarities with previous plans, so a lot of the interior work on this has 180 00:13:48,500 --> 00:13:53,280 been reviewed, processes been lessened, and so it is for us with the conditional approval 181 00:13:53,900 --> 00:13:58,620 that as long as they respond to the agency's comments that have been made in the past 182 00:13:58,620 --> 00:14:01,980 week that it could be ready to be built. 183 00:14:02,700 --> 00:14:09,400 If I can just say something, so I believe the corporate real estate brokers that are on this 184 00:14:09,400 --> 00:14:13,900 is Kishman and Wakefield, which is a company which I'm affiliated with. 185 00:14:14,920 --> 00:14:20,840 Kishman's got 53,000 brokers, which is sort of similar size of companies like General 186 00:14:20,840 --> 00:14:21,280 Electric. 187 00:14:22,020 --> 00:14:24,880 I don't have any benefit in this. 188 00:14:24,900 --> 00:14:27,000 I don't have any compensation, nothing in this. 189 00:14:27,500 --> 00:14:30,040 So I just wanted to state that. 190 00:14:30,040 --> 00:14:31,260 Thank you. 191 00:14:32,000 --> 00:14:36,300 You know what I'd say about it is, you know, we've seen the site before us in a number of 192 00:14:37,680 --> 00:14:42,280 And looking at this particular application, first of all, I think it's a very, very good. 193 00:14:42,280 --> 00:14:46,960 It fits really well with the area and the needs of the area and the zoning of the area. 194 00:14:48,780 --> 00:14:53,900 And it's less intense, I think, development than we've seen in the past than we've already reviewed. 195 00:14:54,320 --> 00:14:59,900 And the reason I'm saying all this is because, oftentimes, we don't like to see you so many conditions associated. 196 00:15:00,000 --> 00:15:29,980 I'd like to see a little bit further, more progress. But in this case, I think it's fine. There is a, as you pointed out, a pretty large conservation easement. And I think it's in the best interest of the town that we move this forward now expeditiously. I'm very supportive of this project. And only hope that we can move, hopefully the town can move through some of these approvals at an expeditious pace. So that would be my only comment. And we also have anything they want to add? 197 00:15:32,480 --> 00:15:39,940 Okay. Motion to approve, please. Motion Mr. Backer. Second. Second. Mr. Penetta. 198 00:15:40,160 --> 00:15:42,700 All the favor? Any opposed? Motion carries. 199 00:15:45,750 --> 00:15:50,390 Okay, next on the agenda are two transfer of density flow rights applications. 200 00:15:50,670 --> 00:15:53,150 These are holdovers from the prior meetings. 201 00:15:53,790 --> 00:15:58,370 The first application is 683-707-old country road. 202 00:15:58,370 --> 00:16:05,830 This is an application where they are buying flow credits in order to fill two existing vacant spaces in the building. 203 00:16:06,150 --> 00:16:14,910 They're converting a former bank into a physical therapy office and a former retail store into a real estate office. 204 00:16:17,000 --> 00:16:27,940 All right, so, you know, as we talked about this quite a bit, again, I'm just going to reiterate my feeling is that I think we've been processing these applications a little bit off. 205 00:16:27,940 --> 00:16:36,640 And I really don't think it's appropriate that we classify these as type 2 actions. 206 00:16:37,140 --> 00:16:43,240 The type 2 action, as we said before, signifies that the item is on the type 2 list, 207 00:16:43,900 --> 00:16:48,800 which indicates that absolutely no environmental assessment is required. 208 00:16:50,600 --> 00:16:55,420 And I feel like when you're intensifying a site in one of these cases, 209 00:16:56,060 --> 00:16:59,280 It's, and there's really no limit to what it could be, but in one of these cases we're talking 210 00:16:59,280 --> 00:17:07,600 about about 2,700 gallons per day of extra septic above and beyond the standard limits 211 00:17:07,600 --> 00:17:08,940 of the Suffolk County Health Department. 212 00:17:09,100 --> 00:17:10,680 And I know they're going to weigh in on this. 213 00:17:11,280 --> 00:17:18,300 But now I've seen the arguments, Reyes counseled, and they did a great job sending us two 214 00:17:18,300 --> 00:17:24,280 days ago, a two or three page legal letter with 70 pages of 215 00:17:24,280 --> 00:17:28,000 addendums, including an entire generic environmental impact 216 00:17:28,000 --> 00:17:30,740 statement that I've had for two days. 217 00:17:31,720 --> 00:17:35,780 And pretty smart guy, I guess, but not sure if I quite, 218 00:17:35,780 --> 00:17:39,140 you know, absorb that all in the two days that I looked at 219 00:17:39,140 --> 00:17:43,460 over, but so I put that aside and say that I don't really 220 00:17:43,460 --> 00:17:46,740 think that that's something that I can work with. 221 00:17:46,740 --> 00:17:51,680 at this point. If you add that now, I looked at the letter and the points that were made, 222 00:17:52,260 --> 00:17:56,960 I have some trouble with. So we can talk about that. So one of the points was, which I've 223 00:17:56,960 --> 00:18:02,740 never heard of this before, but a generic environmental impact statement on a program 18 years ago 224 00:18:02,740 --> 00:18:16,520 for the entire town will exempt every application within that program in perpetuity. That is not 225 00:18:16,520 --> 00:18:21,140 in form and streamline and expedite those reviews. 226 00:18:22,080 --> 00:18:26,000 We were also told in the letter that besides that, 227 00:18:26,240 --> 00:18:29,520 it somehow fit into the type two list because 228 00:18:30,340 --> 00:18:31,880 the type two list is so broad. 229 00:18:32,920 --> 00:18:34,060 I would differ to that. 230 00:18:34,060 --> 00:18:37,220 I would say the type two list and the type one list are lists 231 00:18:37,840 --> 00:18:39,080 that, you know, it's a flow chart. 232 00:18:39,340 --> 00:18:42,180 You go, you get an application in, you look at one list, 233 00:18:42,240 --> 00:18:44,060 you look at the other list and that's why you have 234 00:18:44,060 --> 00:18:45,240 the classification called unlisted. 235 00:18:45,240 --> 00:18:48,620 So, TDFR is not following to either list. 236 00:18:50,560 --> 00:18:54,780 So, you know, I'm not suggesting that we need to do 237 00:18:54,780 --> 00:18:56,020 an environment level next year. 238 00:18:56,180 --> 00:18:59,100 Positive declaration, I think the overwhelming majority 239 00:18:59,100 --> 00:19:00,720 of these cases will be like every other 240 00:19:00,720 --> 00:19:06,240 and listed action we do where we'll do a basic assessment 241 00:19:08,720 --> 00:19:11,100 and neck deck, the project. 242 00:19:11,240 --> 00:19:13,780 I'm sure that will be what we'll, you know, 243 00:19:13,780 --> 00:19:20,120 I've only done one positive in the nine years I've been here, so but I don't think it's proper for that. 244 00:19:20,960 --> 00:19:36,700 Now, it also came to light to me that we're processing sending sites, which I actually think probably couldn't fit into the type 2 list because we are creating a conservation easement. 245 00:19:37,220 --> 00:19:42,540 But they're being treated, I'm sorry, as type 2, they're being treated as unlisted. 246 00:19:43,080 --> 00:19:47,960 So I'm kind of confused about that, so we're creating, we're creating, we're creating, we're 247 00:19:47,960 --> 00:19:55,440 would de intensifying a piece of property, and creating a conservation easement, we're requiring 248 00:19:55,440 --> 00:19:59,600 an environmental review, but we're intensifying that property on the other side of that 249 00:19:59,600 --> 00:19:59,880 exact. 250 00:20:00,000 --> 00:20:10,840 We're exempting it from a review. And that just defies logic to me. So, you know, I don't know if there's any, if you want to respond to that. 251 00:20:10,960 --> 00:20:25,260 I think on council's memo, basically, was talking about how, when this program was created, when this law was added to the town code, the town board at the time had completed a generic environmental impact statement, 252 00:20:25,260 --> 00:20:30,700 which laid out the situations in which this was appropriate. 253 00:20:31,620 --> 00:20:36,000 And so Council laid out that as long as the following, 254 00:20:36,480 --> 00:20:38,460 you know, after that was completed, 255 00:20:38,720 --> 00:20:42,280 as long as the forthcoming applications were in line 256 00:20:42,280 --> 00:20:45,420 with what had been discussed in the GEIS 257 00:20:45,420 --> 00:20:48,660 and was in informants with the code adopted by the town board, 258 00:20:49,180 --> 00:20:52,520 that these would be actions that wouldn't require further review 259 00:20:52,520 --> 00:20:57,360 as long as the termination is made that this was in line with what the town board had decided. 260 00:20:58,040 --> 00:21:01,240 Right, so the GES has parameters set within it. 261 00:21:01,480 --> 00:21:04,360 I said, again, I didn't read the whole thing. I don't understand the whole thing. 262 00:21:04,980 --> 00:21:10,260 And I think now you're making the argument that if you can establish and I don't think you're establishing that anywhere. 263 00:21:10,460 --> 00:21:15,120 In any of these documents, that this particular application fits within those parameters. 264 00:21:15,120 --> 00:21:16,540 I mean, you're asserting it. 265 00:21:16,540 --> 00:21:23,740 In every resolution we do for transfer events to flow rights, we do make a statement in there that 266 00:21:23,740 --> 00:21:29,160 these project application being considered by the Planning Board is in conformance with chapter 267 00:21:29,160 --> 00:21:31,180 172 of the town code. 268 00:21:31,600 --> 00:21:32,440 Well, it's in assertion. 269 00:21:32,980 --> 00:21:37,300 And that's in assertion that assertion is being made by the staff when they bring that 270 00:21:37,300 --> 00:21:37,500 application. 271 00:21:37,580 --> 00:21:43,000 So the research that I've done and I went on the secret handbook and when on the New 272 00:21:43,000 --> 00:21:47,360 They website, I went on the educational websites, and what I'm getting is that a general 273 00:21:47,360 --> 00:21:52,280 capital impact statement is a broad program where planned level EIS that addresses common 274 00:21:52,280 --> 00:21:58,660 environmental issues for a class of actions while EIS focus on unique impacts, I'm sorry. 275 00:22:06,730 --> 00:22:07,930 A GIS, 276 00:22:10,600 --> 00:22:15,020 a project meets a GIS stated conditions that may not require a full EIS. 277 00:22:15,980 --> 00:22:21,420 If a project would cause impacts beyond the GIS scope, a supplemental or specific EIS is 278 00:22:21,420 --> 00:22:24,660 required to address those new or site-specific issues. 279 00:22:24,860 --> 00:22:26,640 We don't have an answer to that. 280 00:22:27,760 --> 00:22:30,480 And we're stating in advance that we'll never 281 00:22:30,480 --> 00:22:31,840 need to have an answer to that. 282 00:22:33,840 --> 00:22:38,260 So I think the way the GIS is set up under the secret law, 283 00:22:38,780 --> 00:22:43,060 that if a project is deemed to be not in conformance with the GES, 284 00:22:43,540 --> 00:22:46,460 that's when it raises the situation where we 285 00:22:46,460 --> 00:22:56,480 They do a new seek review may request a supplemental EIS or further seek review for the seek 286 00:22:56,480 --> 00:23:03,640 reviews in accordance with based on what the EIS had had but what is missing with the current 287 00:23:03,640 --> 00:23:04,020 proposal. 288 00:23:04,040 --> 00:23:04,800 Can you show us? 289 00:23:04,920 --> 00:23:11,940 I think it's some co-section when the state law that says that a GIS, if there is a GIS 290 00:23:11,940 --> 00:23:15,460 on a program that it exempts any future applications? 291 00:23:15,460 --> 00:23:18,300 Yes, and I'm missing the beginning section. 292 00:23:18,580 --> 00:23:25,740 I think at 617 it might be 0.12d, it might be 0.11, but D1. 293 00:23:25,960 --> 00:23:29,120 It says no further secret compliance is required. 294 00:23:29,580 --> 00:23:32,580 If a subsequent proposed action will be carried out in 295 00:23:32,580 --> 00:23:35,760 conformance with the conditions and thresholds established 296 00:23:35,760 --> 00:23:39,820 for such actions in the generic EIS or its finding statements. 297 00:23:39,920 --> 00:23:41,940 Sorry, it's 617.10. 298 00:23:42,500 --> 00:23:44,220 So we talked about that on phone today. 299 00:23:44,220 --> 00:23:46,080 that I asked you if you would be able to 300 00:23:46,080 --> 00:23:47,820 rather than simply assert that that's the case, 301 00:23:47,960 --> 00:23:50,980 give us some documentation that the each application 302 00:23:50,980 --> 00:23:54,780 fits within those parameters, can you do that? 303 00:23:55,060 --> 00:23:56,560 Can you provide that for us? 304 00:23:57,000 --> 00:23:59,320 I think it's, I think we will tell you 305 00:23:59,320 --> 00:24:02,040 that that's our staff review is determined 306 00:24:02,040 --> 00:24:04,200 that they just consistent, and that's why we put 307 00:24:04,200 --> 00:24:06,620 that language into the resolution we bring. 308 00:24:06,700 --> 00:24:07,780 Let me ask you a separate question. 309 00:24:09,420 --> 00:24:11,720 So sending sites are unlisted actions. 310 00:24:13,200 --> 00:24:13,500 Is that correct? 311 00:24:13,500 --> 00:24:18,980 We have been doing sending sites as unlisted actions because usually there's some flexibility 312 00:24:18,980 --> 00:24:25,020 and where the conservation is established, what areas of the land are preserved, and so we 313 00:24:25,020 --> 00:24:27,000 have been doing them as unlisted actions. 314 00:24:27,420 --> 00:24:31,820 So the sending sites don't fall within the provisions that you were just telling me, only receiving sites. 315 00:24:33,000 --> 00:24:37,920 We have basically been operating under the interpretation that because there's more flexibility 316 00:24:37,920 --> 00:24:45,200 and ability to make changes to what's being proposed for us because there's more decisions 317 00:24:45,200 --> 00:24:49,680 to be made that we have been running them as unlisted sites to be. 318 00:24:49,680 --> 00:24:53,960 When you're usually taking the unused section of a property and you're usually taking the 319 00:24:53,960 --> 00:24:58,760 back section, the unused section of a property, the wooded section of a property, like, is that 320 00:24:58,760 --> 00:24:59,980 what you want that for the most part. 321 00:25:00,000 --> 00:25:04,860 Yes, it's supposed to be an area that's natural, obviously, that's where the preservation. 322 00:25:05,420 --> 00:25:12,020 Okay, so the staff has made a determination that you don't need to follow that section of the code for sending sites. 323 00:25:12,840 --> 00:25:14,960 And it may be the case, we are incorrect. 324 00:25:16,140 --> 00:25:18,460 And you may run the town attorneys memo. 325 00:25:18,700 --> 00:25:22,320 They stated that we had been incorrect on the receiving sites. 326 00:25:22,360 --> 00:25:28,700 We had been citing a different section of the type 2 law, and they had informed us that 327 00:25:28,700 --> 00:25:33,820 So, 37 was the better citation because of the generic EIS. 328 00:25:34,720 --> 00:25:34,800 37? 329 00:25:36,940 --> 00:25:37,980 Under 67. 330 00:25:38,440 --> 00:25:39,880 65, see 37. 331 00:25:40,940 --> 00:25:43,700 And so, that is the citation they asked us to use. 332 00:25:44,260 --> 00:25:47,440 And so, I think probably going forward on the sending sites, 333 00:25:47,580 --> 00:25:49,140 we would be using that same citation. 334 00:25:49,380 --> 00:25:50,380 OK, so citation. 335 00:25:50,680 --> 00:25:53,320 So, now you're using a, I mean, which is it? 336 00:25:53,400 --> 00:25:57,160 Is it that it's exempt or it needs, you need to find a spot on the list for it? 337 00:25:57,160 --> 00:25:59,500 Because now you say you need to find the spot on the list for now. 338 00:25:59,500 --> 00:26:11,920 60% of the interpretation made by the town attorney's office is that we are proposing this as not reviewing this as a separate secret determination but looking at it as whether it is in conformance with the adopted. 339 00:26:12,000 --> 00:26:16,240 Is it six, 17, 5, C, 37, you said it was? 340 00:26:17,000 --> 00:26:20,800 Is that a TDFR or is that redevelopment of a site? 341 00:26:22,380 --> 00:26:25,940 That is under the memo written by the town attorney's office. 342 00:26:25,940 --> 00:26:33,280 that is in sort of an interpretation of an existing code, rule, or regulation, and it's basically 343 00:26:33,280 --> 00:26:42,660 as it says under 617.10D1, whether it's the interpretation of whether or not the current 344 00:26:42,660 --> 00:26:49,920 proposal is in conformance with whether or not we're broadening the definition of 617-5C-37 345 00:26:49,920 --> 00:26:54,200 to include TDFRs, even though they're not on the list, we're broadening that definition. 346 00:26:54,200 --> 00:27:02,520 If I think there are a lot of actions not specifically stated under 37, but it's well, then why do we have an unlisted classification? 347 00:27:04,460 --> 00:27:08,270 Yeah, why do we bother with an unlisted classification when we decide to put it? 348 00:27:08,740 --> 00:27:13,580 I mean, we'll decide to put it. I just say something type of pride. This man is not being cross-examined here 349 00:27:13,580 --> 00:27:18,660 Right? He's not being cross-examined to the level that you're asking. I don't even know what they're all you're talking about, right? 350 00:27:19,300 --> 00:27:19,980 So can we stop? 351 00:27:19,980 --> 00:27:21,120 We don't know what I'm talking about. 352 00:27:21,200 --> 00:27:21,860 We're going to direct some of them. 353 00:27:22,040 --> 00:27:23,820 We're going to judge on him. 354 00:27:23,940 --> 00:27:24,760 So I'm not attacking him. 355 00:27:25,380 --> 00:27:26,180 You essentially are. 356 00:27:26,200 --> 00:27:26,800 Well, it's rude. 357 00:27:26,980 --> 00:27:27,480 And it's inappropriate. 358 00:27:27,600 --> 00:27:29,800 Well, we moving to move these forward or not. 359 00:27:30,420 --> 00:27:35,340 Well, I'd like to make a motion, as the Vice Chairman, to move these 2DN-2 forward. 360 00:27:35,780 --> 00:27:36,280 This evening. 361 00:27:36,640 --> 00:27:36,700 Right. 362 00:27:36,700 --> 00:27:37,560 On the motion. 363 00:27:37,720 --> 00:27:38,420 On the motion. 364 00:27:38,700 --> 00:27:39,420 Mr. Bontampi. 365 00:27:39,440 --> 00:27:42,060 You just stated that you don't know what we're talking about. 366 00:27:42,420 --> 00:27:43,700 And that you want to make a motion. 367 00:27:43,780 --> 00:27:47,820 You're asking if you have the knowledge base to go that to the state code. 368 00:27:48,300 --> 00:27:49,120 It's not necessary. 369 00:27:49,120 --> 00:27:53,780 We've been doing this. This has been in place for 18 years. My six years on this board and you're nine 370 00:27:53,780 --> 00:27:57,440 We have been moving these for it now to have this 371 00:27:57,440 --> 00:28:01,660 Trust we are discussion when nothing has changed the whole person not change years 372 00:28:02,380 --> 00:28:05,280 That's the world second your motion on the motion 373 00:28:05,940 --> 00:28:10,660 We have we have a second on the motion. We also have and I'm allowed to speak on the motion 374 00:28:12,100 --> 00:28:13,280 Mr. Chairman 375 00:28:14,640 --> 00:28:16,740 Okay, I have another question 376 00:28:16,740 --> 00:28:22,020 say it nicely. It'd be a little bit nicer to my microphone if you like. 377 00:28:22,680 --> 00:28:29,740 Okay. So we have the resolution that Mr. Bontempi and Mr. Penetra Tantillo and 378 00:28:30,280 --> 00:28:36,180 soon Mr. Penetra will be moving forward. Okay. So in this resolution we have a 379 00:28:36,180 --> 00:28:42,020 sending site and a receiving site and work. So we identified the sending 380 00:28:42,020 --> 00:28:45,860 site where the credits came from but we are not approving the sending 381 00:28:45,860 --> 00:28:47,440 sites in these resolutions. 382 00:28:48,660 --> 00:28:51,060 We are just identifying where those credits, 383 00:28:51,060 --> 00:28:53,460 where the credits have been purchased from. 384 00:28:53,940 --> 00:28:54,800 We're not approving the settings. 385 00:28:55,000 --> 00:28:56,100 We're not the sending sites. 386 00:28:56,300 --> 00:28:59,680 We're already approving how we're approving the receipt 387 00:28:59,680 --> 00:29:02,700 of sites that have not been set. 388 00:29:04,720 --> 00:29:05,520 I'm sorry, I don't understand. 389 00:29:05,520 --> 00:29:06,780 They were approved in the past. 390 00:29:07,060 --> 00:29:08,640 They just said that the sending sites were approved. 391 00:29:08,640 --> 00:29:10,680 The sending sites were approved on the same side 392 00:29:10,680 --> 00:29:13,540 on their previous, OK, that's fine. 393 00:29:14,020 --> 00:29:14,240 That's fine. 394 00:29:14,640 --> 00:29:14,800 OK. 395 00:29:15,420 --> 00:29:16,800 All right, listen, I could see what the board 396 00:29:17,500 --> 00:29:20,620 What's the deal, so Mr. Bond, Mr. Montefi, go ahead ahead. 397 00:29:20,900 --> 00:29:23,460 I'd like to make a motion to move these two forward, 398 00:29:23,800 --> 00:29:25,420 take them together, and move them forward. 399 00:29:25,800 --> 00:29:27,320 The 2TDFRs that we discussed. 400 00:29:27,740 --> 00:29:28,860 I'd second to that motion. 401 00:29:30,960 --> 00:29:32,420 We take a roll call, though. 402 00:29:33,260 --> 00:29:33,720 Mr. Becker? 403 00:29:35,780 --> 00:29:37,340 I'm working with moving these two forward. 404 00:29:38,080 --> 00:29:38,580 Judge Wilson? 405 00:29:39,600 --> 00:29:41,560 I would agree with the Chairman. 406 00:29:42,660 --> 00:29:44,060 I wouldn't be for this. 407 00:29:44,060 --> 00:29:45,400 They should be kept unified. 408 00:29:45,880 --> 00:29:50,560 They should be kept unified, too, but a later date, okay? 409 00:29:51,480 --> 00:29:51,880 Is that my dollar? 410 00:29:53,100 --> 00:29:54,560 I'll say aye. 411 00:29:55,260 --> 00:29:55,900 Is it Tantillo? 412 00:29:56,560 --> 00:29:57,060 I'm aye. 413 00:29:57,380 --> 00:29:57,920 Second of the motion. 414 00:29:58,200 --> 00:29:58,680 And Mr. Penetta. 415 00:30:01,490 --> 00:30:19,070 Here we go. I can't count that high. What do we get up to? And by the way, I just want to say, I have absolute confidence in our professional planning staff and our talented attorneys have been doing this for decades. And I read the memo, and I went through it. And I do have confidence in you. And I think we all do. So I appreciate it, that. 416 00:30:21,170 --> 00:30:29,810 Just a second that I concur with Mr. Bonzambi. I have absolute confidence in the planning staff. I also have absolute confidence in our chairman. 417 00:30:29,810 --> 00:30:38,130 so there are some questions that he brings forward that I'm absolutely 100% okay with moving 418 00:30:38,130 --> 00:30:44,190 these TDFRs forward, but I would like to have some of the questions that our chairman 419 00:30:44,190 --> 00:30:46,010 has put forth addressed. 420 00:30:46,510 --> 00:30:51,830 Not necessarily today, I'm okay with doing this at a future meeting, but I think he brings 421 00:30:51,830 --> 00:30:55,530 up a couple of good points that I would like some further clarity on. 422 00:30:55,630 --> 00:30:56,470 Thank you. 423 00:30:56,470 --> 00:31:00,830 Okay. Well, thank you. You know, I would, I'm only going to say the, obviously, this is moved forward. 424 00:31:01,250 --> 00:31:07,630 It's, um, it is what it is. And I, I, not first time I've lost the vote. But I do, would like, really, 425 00:31:07,810 --> 00:31:14,630 to get some of these questions answered more directly. I will be forwarding you my response to the memorandum, 426 00:31:15,670 --> 00:31:21,250 which I have prepared. And maybe we can have some kind of a dialogue on this. And, um, 427 00:31:21,370 --> 00:31:24,690 possibly revisit how we're making these determinations in the future, 428 00:31:24,690 --> 00:31:30,570 because I feel very strongly that we're handling it in an improper fashion. 429 00:31:31,470 --> 00:31:33,970 Okay? Thank you. 430 00:31:35,090 --> 00:31:35,470 Anybody else? 431 00:31:38,250 --> 00:31:38,690 Okay. 432 00:31:39,190 --> 00:31:41,990 We have two subdivisions on the agenda for tonight. 433 00:31:42,070 --> 00:31:43,610 The first one is an introduction. 434 00:31:44,510 --> 00:31:46,630 This is Marcy Avenue Platt. 435 00:31:46,930 --> 00:31:51,150 This is a property in Huntington Station, just south of Jericho, 436 00:31:51,150 --> 00:31:57,510 term bike west of Route 110. We had seen this when it was a pre-application. They came before 437 00:31:57,510 --> 00:32:03,290 us to before the letter of referral to the zoning board. They are short on lot with. These are 438 00:32:03,290 --> 00:32:12,130 R7 lots with 60 feet of lot with, which is the predominant lot with in the on this block and in a lot 439 00:32:12,130 --> 00:32:16,530 of the lots in the neighborhood. They went to the zoning board of appeals. The zoning board approved 440 00:32:16,530 --> 00:32:21,570 the lot with. So now they are coming back before us to continue the subdivision process. 441 00:32:22,090 --> 00:32:26,690 As you can see from the aerial before you, this is a property. It's right behind commercial 442 00:32:26,690 --> 00:32:31,950 development. And Jericho term bike is also commercial development to the rear. That's 443 00:32:31,950 --> 00:32:36,110 something we're going to keep an eye on as we go through the process. But after this, the next step 444 00:32:36,110 --> 00:32:41,090 in the process will be completing the secret review. Once the secret review is done, we will be 445 00:32:41,090 --> 00:32:45,790 scheduling a public hearing on this application. Any particular concerns? 446 00:32:45,790 --> 00:32:52,270 There are no particular concerns here other than, you know, sort of the proximity to that commercial building behind it. 447 00:32:52,290 --> 00:32:58,010 But these are, it could be just two same size residential lots of buildings, new houses. 448 00:32:59,370 --> 00:33:04,590 And both except for the lot with, they're conforming to the zone and go in every other way. 449 00:33:05,030 --> 00:33:05,990 Okay, great. 450 00:33:06,550 --> 00:33:11,930 Okay, the second subdivision up for us tonight is the map of Willow Gardens. 451 00:33:12,490 --> 00:33:18,350 there at the attorney for the project had seen our rejection of the waiver requests for 452 00:33:18,350 --> 00:33:23,210 curves, curb aprons and underground electric at the last meeting and he had written 453 00:33:23,210 --> 00:33:28,910 a letter to see if the board was willing to change their mind on any of the requests. 454 00:33:29,430 --> 00:33:31,050 Mr. McCarthy, would you like to come up and address the board? 455 00:33:40,020 --> 00:33:43,740 Good evening, Mr. Chairman, and members of the board, Michael McCarthy, and I'm going to 456 00:33:43,740 --> 00:33:48,540 with the for celly deegan terranna, with officers at 444 New York Avenue. 457 00:33:49,080 --> 00:33:51,860 Thank you for letting me address the board regarding the letter I wrote that it's 458 00:33:51,860 --> 00:33:53,280 September 8th, 2021. 459 00:33:54,900 --> 00:33:58,040 Mr. Chairman, I was in attendance at the board meeting two weeks ago, 460 00:33:58,580 --> 00:34:02,780 and quite frankly, it was involved in another conversation on another matter 461 00:34:02,780 --> 00:34:06,700 and neglected to appreciate that the matter was being discussed by the board, 462 00:34:06,700 --> 00:34:10,040 regarding this waiver for a client of mine, Mr. Morris, 463 00:34:10,040 --> 00:34:13,940 who is operates under WTP construction LLC. 464 00:34:14,760 --> 00:34:17,960 This application contemplates a expedited 465 00:34:17,960 --> 00:34:19,080 two-lots subdivision. 466 00:34:19,700 --> 00:34:26,600 It's a resubdivision of old file-map lots on Darby Avenue. 467 00:34:27,740 --> 00:34:31,540 And the request for a waiver of underground electric 468 00:34:31,540 --> 00:34:35,000 and a waiver of curbs and sidewalks and concrete aprons. 469 00:34:36,420 --> 00:34:38,960 Now, the reason for that request is that this property is 470 00:34:38,960 --> 00:34:45,140 on the west side of Derby Avenue, and all of the utility poles are on the east side, and 471 00:34:45,140 --> 00:34:49,840 every other home in the immediate vicinity on Derby Avenue is serviced by overhead 472 00:34:49,840 --> 00:34:55,860 electric, and Mr. Morris has concerned that the requirement that he be forced to bring 473 00:34:55,860 --> 00:34:59,960 in the electric underground, he will have to, you know, how do you describe it? 474 00:35:00,000 --> 00:35:06,840 Jack under the road or missile under the road at great expense. In addition, none of the homes in the immediate area have concrete 475 00:35:06,840 --> 00:35:15,240 curves, none of them have sidewalks and none of them have concrete aprons. So, it's also thought that, by the way, if the waiver's granted, 476 00:35:15,740 --> 00:35:24,340 he contributes money to the town of Huntington's Curve and Sidewalk Fund. It's just that the pattern of development would look odd on the street in the way I described it in my letter. 477 00:35:24,340 --> 00:35:30,020 It would create what would look like a saw tooth effect or a side walk to nowhere. 478 00:35:31,280 --> 00:35:35,400 In fact, I think it would look odd indeed if the two houses at Mr. Morris is going to 479 00:35:35,400 --> 00:35:41,000 build would look, they would stand out from the other houses that are on the same side walks 480 00:35:41,000 --> 00:35:41,460 on that street. 481 00:35:41,580 --> 00:35:42,500 There's no sidewalks there. 482 00:35:42,600 --> 00:35:43,940 There's no kerbs there. 483 00:35:44,220 --> 00:35:44,760 There's no kerbs there. 484 00:35:44,760 --> 00:35:44,860 There's no kerbs there. 485 00:35:45,140 --> 00:35:48,240 We are already way of the sidewalks that are previous meeting. 486 00:35:48,740 --> 00:36:10,640 So at the last meeting, what we were discussing and that I had suggested that we do not grant the waiver on after you and I spoke, I did go to the property and I viewed it thoughtfully when all the way up and down Derby, which is long road, I looked at the percentage of homes I agree with you, the waiver of curves should be granted. 487 00:36:11,960 --> 00:36:25,940 However, the underground electric, I think, is absolutely necessary, and if you could go back to the photo, I think you're mistaken about the sides that have the poles, because it's the other side that has the poles. 488 00:36:26,320 --> 00:36:30,240 That entire side has all underground electric, and you can see it there. 489 00:36:30,240 --> 00:36:34,980 If you look at the pictures that I sent you, if this is Emma Dola, well, I was there. 490 00:36:34,980 --> 00:36:40,320 I actually drove up and down several times, so I was almost the property, and he's describing 491 00:36:40,320 --> 00:36:44,760 how it is that he's going to be required to build it, and he's telling me and representing 492 00:36:44,760 --> 00:36:50,840 to the board that if the wave or not granted, he is going to have to have to tap into one 493 00:36:50,840 --> 00:36:54,340 of those utility poles and check the electric under the street. 494 00:36:54,520 --> 00:36:57,460 But if the house is on the same start of the poles, this is Emma Dola, they're not. 495 00:36:57,460 --> 00:37:05,140 The houses on the houses Mr. Mr. Chairman on the west side of Derby, those poles are on the east side of Derby. 496 00:37:05,940 --> 00:37:09,280 And all of the other houses, and essentially the pictures, if you look at the pictures Mr. Chairman, 497 00:37:09,620 --> 00:37:13,100 you can see the electric line coming across the street to service the houses. 498 00:37:13,880 --> 00:37:17,080 So if Mr. Morris has to do that when he builds the two houses, 499 00:37:17,620 --> 00:37:21,380 he's going to have to tap off the utility pole on the east side of the street 500 00:37:21,380 --> 00:37:25,320 and jack under the road to service the house on the west side of the street. 501 00:37:25,320 --> 00:37:29,340 So there's a question here that we're not understanding. 502 00:37:29,820 --> 00:37:31,620 There's poles on one side of the street. 503 00:37:31,700 --> 00:37:32,040 Correct. 504 00:37:32,760 --> 00:37:36,420 On the other side of the street, Ms. Amendola saying 505 00:37:36,420 --> 00:37:38,780 that there's underground electric. 506 00:37:39,180 --> 00:37:40,360 There's definitely not poles. 507 00:37:40,480 --> 00:37:44,660 Not over head electric to the poles on the west side. 508 00:37:45,500 --> 00:37:48,280 So is there overhead electric or is it underground electric? 509 00:37:48,500 --> 00:37:49,340 There's overhead electric. 510 00:37:49,780 --> 00:37:52,080 Mr. Penetta, I've provided you with pictures of that. 511 00:37:52,640 --> 00:37:54,260 And maybe I've provided you with pictures. 512 00:37:54,260 --> 00:37:59,120 There is definitely overhead electric serving the houses on the east side of Derby. 513 00:37:59,880 --> 00:38:03,180 So there we could see wire, but go to the other photo? 514 00:38:05,610 --> 00:38:08,150 Yeah, there's no wires all the way going to. 515 00:38:08,270 --> 00:38:09,570 I think it's little plans, bro. 516 00:38:12,630 --> 00:38:15,330 Is there any underground electric in that area? 517 00:38:15,790 --> 00:38:18,110 I can't verify if there's absolutely none. 518 00:38:18,630 --> 00:38:21,890 But this way, do you know if Mr. Morris is going to build these homes? 519 00:38:22,230 --> 00:38:25,870 And in order to service these homes, he's going to have to tap off the pole 520 00:38:25,870 --> 00:38:32,050 on the east side of Derby Avenue, and Jack P. the SWAT cut the road and repair it were 521 00:38:32,050 --> 00:38:36,850 Jack under the road. And I appreciate Mrs. M in dollar that there was a waiver of the curbs, 522 00:38:37,290 --> 00:38:41,690 but we were also asking for a waiver of the sidewalk and the concrete aprons. And I'm not confident 523 00:38:41,690 --> 00:38:44,130 that that was covered by the board when the waiver was granted. 524 00:38:44,270 --> 00:38:55,850 OK, so many of the polls I do not see any polls on that side. I drove up and down. That is 525 00:38:55,850 --> 00:39:01,790 Well, I don't know over there there are but not all the way they're all connected to the houses there 526 00:39:01,790 --> 00:39:05,130 All right, so go down there the other way to little planes 527 00:39:05,790 --> 00:39:08,110 See there's no wires. All right, just go down 528 00:39:12,500 --> 00:39:14,140 You can keep going 529 00:39:14,920 --> 00:39:15,400 Please 530 00:39:19,980 --> 00:39:22,200 No wires. I I loved 531 00:39:22,200 --> 00:39:29,240 Then do you get me to the pulp that a hole in front of those two houses near a little plane, so this is Emily you're you're looking at a section of derby 532 00:39:30,300 --> 00:39:32,600 That's that's removed from the subject property 533 00:39:32,600 --> 00:39:37,920 But if you look at the homes to the right and to the left immediately in the vicinity, they're being 534 00:39:37,920 --> 00:39:39,220 serviced by overhead electric. 535 00:39:40,000 --> 00:39:43,220 So if Mr. Morris needs a electric for the two homes he's building. 536 00:39:44,300 --> 00:39:47,860 Unless he gets a waiver of the overhead electric by this board, he's going to have to jack 537 00:39:47,860 --> 00:39:48,340 under the road. 538 00:39:48,340 --> 00:39:51,600 Is there a fee with the waiver that goes to the town on the overhead electric? 539 00:39:52,220 --> 00:39:53,360 I don't believe so, Mr. Chairman. 540 00:39:54,680 --> 00:39:59,580 But he estimates the cost of jacking under the road to be in the neighborhood of $25 to $30,000. 541 00:40:02,670 --> 00:40:07,490 And he's still, whether he goes underground or not, he's still dependent upon that same poll. 542 00:40:07,690 --> 00:40:12,650 Dependent upon that poll and the entire poll goes down, he's at a power, whether he's underground or not. 543 00:40:13,230 --> 00:40:13,230 Correct. 544 00:40:16,450 --> 00:40:24,310 Those might not even go to the homes. They might be continuing the power line up behind those homes to the block behind it. 545 00:40:27,900 --> 00:40:33,440 We just go to an aerial of that section. You know, the, yeah. 546 00:40:34,060 --> 00:40:40,460 I think, you know, I would imagine the legislative intent of requiring underground electric 547 00:40:40,460 --> 00:40:45,600 is for more than two houses in the middle of an existing neighborhood that has surrounded 548 00:40:45,600 --> 00:40:47,100 by overhead electric. 549 00:40:47,680 --> 00:40:52,020 I would think that a reasonable interpretation is when this board is looking at a new subdivision 550 00:40:52,020 --> 00:40:56,440 of substance, where you're bringing in a call to sack or you're developing a new neighborhood. 551 00:40:57,300 --> 00:41:01,320 Typically, the way the board is always treated in fill lots is that you would handle 552 00:41:01,320 --> 00:41:05,560 the way you'd always handle what's the pattern of development in the area. So if the pattern 553 00:41:05,560 --> 00:41:10,120 of development in the area was for overhead electric it was typically granted. In fact shame on 554 00:41:10,120 --> 00:41:15,440 me but you know I was so confident that the board would have granted it that I just didn't even 555 00:41:15,440 --> 00:41:20,460 concern myself with it when I was here two weeks ago. Well we were following the staff recommendation 556 00:41:21,920 --> 00:41:29,320 and I'm telling the truth I went there and I'm not telling the story. I have no doubt that you 557 00:41:29,320 --> 00:41:31,300 and then we can vote on it. 558 00:41:31,400 --> 00:41:32,240 And you know what we can do? 559 00:41:32,420 --> 00:41:35,980 So if you want to kick it over for maybe two more weeks, 560 00:41:36,400 --> 00:41:39,320 and then what I'll do in the intervening time is, 561 00:41:39,380 --> 00:41:42,300 if I need to try to find information from PSEG, 562 00:41:42,660 --> 00:41:43,980 but I think it speaks for itself. 563 00:41:44,200 --> 00:41:45,340 You're looking at it right there. 564 00:41:45,640 --> 00:41:49,220 This is a section of Derby that is served by overhead electric. 565 00:41:49,440 --> 00:41:50,680 It's an infill lot. 566 00:41:51,100 --> 00:41:54,040 It was a vacant lot that Mr. Morris bought. 567 00:41:54,440 --> 00:41:56,360 And we're doing an expedited subdivision. 568 00:41:56,360 --> 00:42:00,780 He, you know, obtained the, dare I say the TDFRs to make this happen. 569 00:42:02,740 --> 00:42:07,880 So, and, and again, he's just looking to build two houses in the neighborhood and, you know, 570 00:42:07,900 --> 00:42:10,060 wants them to be, you know, obviously, is on a point. 571 00:42:10,060 --> 00:42:11,460 Would you come back in a couple of weeks? 572 00:42:11,580 --> 00:42:13,660 I mean, I think this precedent for changing our mind. 573 00:42:13,860 --> 00:42:17,620 We did it recently on Hellsite with the sidewalks. 574 00:42:17,980 --> 00:42:20,020 We've done waivers of this magnitude. 575 00:42:20,200 --> 00:42:22,480 I know we did it on Platt Street a few years ago. 576 00:42:23,300 --> 00:42:25,500 So, this precedent for what you're asking for. 577 00:42:25,500 --> 00:42:27,840 So I want you to come back with a little more information 578 00:42:27,840 --> 00:42:29,760 in a couple of weeks so we can revisit it. 579 00:42:29,960 --> 00:42:31,300 Well, with some of the board members go, look at it 580 00:42:31,300 --> 00:42:33,140 because I don't know what more information I could do. 581 00:42:33,220 --> 00:42:33,700 I'll just go. 582 00:42:33,760 --> 00:42:35,880 Other than the photograph said, I just want to add something. 583 00:42:36,220 --> 00:42:37,800 I went to Derby of myself. 584 00:42:39,160 --> 00:42:41,760 I did not, just like Mrs. Amidola said, 585 00:42:41,800 --> 00:42:44,880 there were no power of blinds on their side of the street, 586 00:42:45,120 --> 00:42:45,420 but I did. 587 00:42:45,440 --> 00:42:47,340 Everywhere I saw, I was looking for two things. 588 00:42:47,840 --> 00:42:51,080 Did I have power lines going overhead, which I did, 589 00:42:51,520 --> 00:42:53,880 go into the houses on the other side of the street. 590 00:42:53,880 --> 00:42:58,840 And one thing I did not notice, which I was looking for, is when they have the in-ground 591 00:42:58,840 --> 00:43:04,580 electric, they've got those boxes, sorry, those boxes at the, kind of like at the Basins 592 00:43:04,580 --> 00:43:09,420 River where the electric enters there is none of that on their side of the street. 593 00:43:09,980 --> 00:43:15,100 So that kind of lens me to believe what they're saying, that they would have to, if they were 594 00:43:15,100 --> 00:43:19,640 going to the ground, they would have to go through all the steps that Mr. McArthur described. 595 00:43:19,640 --> 00:43:26,720 I can tell you right now, Mr. Becker. Thank you. But without question, for this property where it's located in proximity to that pole. 596 00:43:27,040 --> 00:43:29,740 Can you put the map back up then? That shows the utility pole. 597 00:43:30,700 --> 00:43:33,840 And the utility pole is right there. So, there's the two houses. 598 00:43:34,760 --> 00:43:39,360 So, if Mr. Morris builds those houses, that's where his electric surface is coming from without question. 599 00:43:39,920 --> 00:43:40,780 If you see they're going to go more. 600 00:43:40,780 --> 00:43:43,860 I personally feel right now that it's absurd for us not to grant this waiver. 601 00:43:44,300 --> 00:43:47,440 I mean, that's my opinion. I mean, if you all want to wait, that's fine. 602 00:43:47,440 --> 00:43:52,940 But I just, I don't make somebody dig up a street for, you know, to be so 603 00:43:52,940 --> 00:43:57,120 at a character with the rest of the neighborhood and spend 25 grand, and a 604 00:43:57,120 --> 00:44:00,000 copish almost nothing because you're not losing a pole anyway. 605 00:44:00,400 --> 00:44:05,060 I, I, I, I, listen, I want to rely a little bit upon Mr. Morris's reputation as 606 00:44:05,060 --> 00:44:09,680 a quality and thoughtful builder intent, he's before the board regularly, and 607 00:44:09,680 --> 00:44:15,320 it's, it's, it's not without knowing that there's some consternation by the board 608 00:44:15,320 --> 00:44:17,660 that he's asked me to come back and make the request. 609 00:44:17,860 --> 00:44:19,460 And he does not make the request lightly. 610 00:44:20,000 --> 00:44:21,900 And I think you know him to be a good builder. 611 00:44:22,360 --> 00:44:23,640 And he always follows the rules. 612 00:44:23,760 --> 00:44:26,960 But he's looking at this saying Mike, it just doesn't make any sense. 613 00:44:28,260 --> 00:44:29,880 Because it's going to cause tremendous expense. 614 00:44:29,940 --> 00:44:31,920 I don't think I appreciated, by the way, Mrs. Mendole, 615 00:44:32,040 --> 00:44:33,220 that the curves had already been waived. 616 00:44:33,360 --> 00:44:34,640 Thank you for that, by the way. 617 00:44:36,060 --> 00:44:37,040 I thank the board. 618 00:44:38,020 --> 00:44:40,360 But he's telling me that in order to make that happen, 619 00:44:40,500 --> 00:44:42,480 that's the poll he's going to tap off of. 620 00:44:42,680 --> 00:44:45,140 And he's going to have to figure out how to either open the road 621 00:44:45,140 --> 00:44:47,260 fix it or jack-on-ritch. 622 00:44:48,760 --> 00:44:50,560 Yeah, I think that's the logic we used down at 623 00:44:50,560 --> 00:44:54,220 Platte when we waited a few years ago that we were using the same pole. 624 00:44:54,500 --> 00:44:56,780 So if that pole goes down, the electric goes down, you're not really 625 00:44:56,780 --> 00:44:59,300 compushing anything, you're not fitting in with pattern of development. 626 00:45:00,000 --> 00:45:02,600 Just costing the guy a lot of aggravation in a lot of money. 627 00:45:02,980 --> 00:45:09,800 Mr. Chair, clearly all day long. Any time you can put the electric underground is beneficial, without 628 00:45:09,800 --> 00:45:14,460 question. And any time you can, you know, have a curb and a sidewalk, you know, for drainage 629 00:45:14,460 --> 00:45:18,520 and things of that nature, it's helpful. And I know that this forward doesn't grant these 630 00:45:18,520 --> 00:45:24,100 waivers lightly. And, but in this instance, you know, he's looking at the cost, benefit, 631 00:45:29,960 --> 00:45:29,980 and 632 00:45:29,980 --> 00:45:34,340 relationship to the houses that are immediately next to him, to the north end of the south, 633 00:45:34,580 --> 00:45:36,080 and it's as simple as that. 634 00:45:40,120 --> 00:45:40,180 Okay. 635 00:45:40,660 --> 00:45:42,820 Well, so is that the way the board would like to proceed? 636 00:45:43,080 --> 00:45:43,540 Is the Bontape? 637 00:45:44,320 --> 00:45:46,900 I despite my T-DF-Rout Perse, I agree with the chair. 638 00:45:47,080 --> 00:45:47,860 You should grant the waiver. 639 00:45:48,500 --> 00:45:48,880 Thank you. 640 00:45:49,080 --> 00:45:49,560 Just about that. 641 00:45:50,220 --> 00:45:50,440 Okay. 642 00:45:51,020 --> 00:45:51,200 Okay. 643 00:45:51,840 --> 00:45:53,020 So everybody agreed a grant to the waiver? 644 00:45:54,180 --> 00:45:55,040 I would. 645 00:45:55,040 --> 00:45:55,420 I would. 646 00:45:58,400 --> 00:46:00,100 I was asking for the curb. 647 00:46:00,640 --> 00:46:01,440 So I'd walk that kind of- 648 00:46:01,440 --> 00:46:02,800 You already have the good side. 649 00:46:02,800 --> 00:46:03,260 Thank you. 650 00:46:03,260 --> 00:46:04,900 Did I get the current? 651 00:46:04,900 --> 00:46:05,560 Yeah, the current. 652 00:46:05,680 --> 00:46:07,080 And the concrete effort. 653 00:46:09,240 --> 00:46:10,900 So is it going to get my welcome? 654 00:46:11,520 --> 00:46:15,840 So the planning department is saying that the apron is a big deal. 655 00:46:16,040 --> 00:46:16,660 Is that a big deal for me? 656 00:46:16,660 --> 00:46:18,780 Well, they want to know what the material is going to be, right? 657 00:46:19,180 --> 00:46:23,400 It would just be driveway, because they're just black topped into the street. 658 00:46:23,660 --> 00:46:24,960 Black shop rather than concrete. 659 00:46:25,880 --> 00:46:26,500 Yeah, black topped. 660 00:46:26,680 --> 00:46:28,300 So you'd have a black topped apron. 661 00:46:28,580 --> 00:46:29,300 Well, you can see it here. 662 00:46:29,500 --> 00:46:29,680 Hold on. 663 00:46:30,600 --> 00:46:32,360 There's a whole monitor that looks a little pride 664 00:46:32,360 --> 00:46:37,600 and put in right there, black top, that one right there is concrete. 665 00:46:38,140 --> 00:46:43,220 It's, as a majority of the evidences are either concrete, or it can be still 666 00:46:43,220 --> 00:46:48,360 which is really a thing to do with the permission of the white department, the full arm of the 667 00:46:48,360 --> 00:46:48,840 secretaries. 668 00:46:49,480 --> 00:46:53,140 And because of that area, things that most impact when people are currently 669 00:46:53,140 --> 00:46:57,560 into the driveway is that's why we refer to that way, not as full service. 670 00:46:59,000 --> 00:46:59,880 Fair enough. 671 00:47:00,000 --> 00:47:01,560 We have a problem with the concrete apron. 672 00:47:02,040 --> 00:47:05,420 Listen, in exchange for an open electric waiver, you've got it. 673 00:47:05,420 --> 00:47:09,180 I'll give you three of them, even though we're getting three out of four. 674 00:47:09,440 --> 00:47:09,620 Okay. 675 00:47:10,500 --> 00:47:12,700 So I think we're clear Mr. Turner. 676 00:47:12,940 --> 00:47:13,120 We're clear. 677 00:47:13,980 --> 00:47:14,280 We're clear. 678 00:47:14,280 --> 00:47:14,540 We're clear. 679 00:47:15,020 --> 00:47:18,040 Just so you know, we did reach a consensus at the last meeting. 680 00:47:18,160 --> 00:47:18,720 Thank you. 681 00:47:18,980 --> 00:47:20,940 Now we're amending our decision. 682 00:47:22,220 --> 00:47:23,560 And we've been. 683 00:47:24,160 --> 00:47:24,620 It's not ready. 684 00:47:24,620 --> 00:47:27,880 This is Hamidil Mica's. 685 00:47:27,900 --> 00:47:28,760 I'm sure I don't be lovely. 686 00:47:28,840 --> 00:47:29,500 He'll make it lovely. 687 00:47:29,920 --> 00:47:29,940 OK. 688 00:47:30,080 --> 00:47:31,640 So we've been curved, and we're waving. 689 00:47:32,000 --> 00:47:32,300 Sidewood? 690 00:47:32,320 --> 00:47:33,120 8-prin. 691 00:47:33,160 --> 00:47:33,980 Not at 8-prin. 692 00:47:33,980 --> 00:47:34,740 Not at 8-prin. 693 00:47:34,760 --> 00:47:35,220 Wait, wait. 694 00:47:35,220 --> 00:47:35,760 No, not at 8-prin. 695 00:47:35,760 --> 00:47:36,480 I'm not, at 8-prin. 696 00:47:36,620 --> 00:47:37,260 The electric. 697 00:47:38,900 --> 00:47:42,820 Curve, side-walk, and underground electric, what you're waving. 698 00:47:42,880 --> 00:47:43,940 You'll have a concrete apron. 699 00:47:44,160 --> 00:47:45,200 But we want to create aprons. 700 00:47:45,540 --> 00:47:45,760 Yeah, good. 701 00:47:45,760 --> 00:47:46,300 You've got it. 702 00:47:46,620 --> 00:47:47,340 OK, thank you very much. 703 00:47:47,540 --> 00:47:48,360 Anything else from Sternor? 704 00:47:48,360 --> 00:47:49,400 I'll put my hand prints on you. 705 00:47:50,300 --> 00:47:50,980 Anything else from Sternor? 706 00:47:50,980 --> 00:47:59,440 Just briefly to state we have a we did have one ZBA referral on the agenda table over our last meeting 707 00:47:59,440 --> 00:48:07,520 Staff has been having a lot of issues with this because it was unusual application. They're proposing a use that really doesn't exist in the code 708 00:48:07,520 --> 00:48:10,800 We've been going back and forth with the applicant and their attorney 709 00:48:10,800 --> 00:48:15,780 And they've agreed that we should hold this over again, and maybe this needs some further discussion 710 00:48:15,780 --> 00:48:18,400 and to verify how we're taking this. 711 00:48:18,420 --> 00:48:19,960 Okay, they're going to push back there. 712 00:48:20,640 --> 00:48:21,660 They're going to push back. 713 00:48:21,900 --> 00:48:26,100 They're going to be a hearing date to let us come up with a better plan for this assembly. 714 00:48:26,240 --> 00:48:26,460 Okay. 715 00:48:27,100 --> 00:48:27,320 Good. 716 00:48:27,480 --> 00:48:27,940 Thanks, everybody. 717 00:48:28,120 --> 00:48:28,520 We need adjourned.