Planning Board - Regular Meeting

Awesome. I'd like to call the planning board meeting to order. First off, I vouchure from last meeting. Hello. Second by John. Second by Dave. Any discussion? All in favor? Next is our wings vouchure. So moved by Brad. Second. Second by any any discussion? All in favor? I Okay, first on our agenda here is 2905 Staley Road. Is somebody here for them?

One of us. Yeah. Who was struck or whoever wants to talk this or even both of them if you want to pull up another chair. Okay. Give us a little idea of what you're doing. Um my um four years ago my dad passed away and my mom um came and lived with us and uh he put an addition on the back of our house to sleep. Yeah.

And so it's got uh it's like a one big one bedroom suite room for a bed. Decent size bathroom, walk-in bathroom. Uh got like a kitchen, not a not a kitchen kitchen, but more of a a sink and a couple feet. And um she passed away last September and had always said to me, "You could always use this as a bed breakfast." And so her name is Chancy and we'd like to open up at a breakfast called condolences. And anybody have any questions?

So Sharon, is that that rectangular piece on the back of the house? It's not labeled. That the addition you're talking about? Yes. But it's really not the whole thing. It's only it's half of that. Half of that. If you drew a line on the right side going down to that part that little juts out there, that's really the addition. Okay. Well, the whole thing was the addition, but we decided to put a a portion of the addition to expand our living room and dining room, thinking of this as being an option down the road. Yeah. Yeah. Going to see you got a space for a guest parking. Yes. Do you expect just one one guest or one couple at a time? I would think so because we're only doing the one room. Sure.

So, I would think it' be only one car. That space can fit three cars, actually. The parking spray. She's The parking's behind the set. Yes. Anybody have any other questions? Motion from Motion approved. Motion by second. Second by Dave. Any further discussion? All in favor? See, you guys thought this was going to be hard to build relationship. [Music] Yep. Thank you.

There's thermal fisher. Who's here for thermal here? Yeah, I'm going to put them in the hot seat. Get outside. He had supplies that we prepared. Oh, please real quick.

Did you guys already? We did the wastewater plant back was in for three or four months ago. What What are they doing? They're just going to move it from A to B. No, no. This This is something different. Oh, okay.

Thermal. I got a thermal over here. All right. While we're waiting, can one of you know what's going on? Um, yeah, I'll defer to George for that, but I'll go I'm Sean project man this effort, but I'll speak to a lot of the technical detail.

What are you doing? It's Barbberry. B A R B A R I

So we are comp. So there is an existing solar plant that serves part of the profit loads within the facility that has failed. It's been family for several years. Um there is a rental chiller that has been on site now for over a year that's been serving that load. So we're looking to we've designed a solution to replace that plant. Um but also um taking this opportunity to put in what's called a heat recovery heat pump. So it operates you know form and function similar to a chilling plant but it has special operating characteristics that allow it to create heating hot water. So instead of rejecting this heat to the atmosphere, we're able to now utilize the heat spaces within the facility. So uh in addition to replacing that plant, it's allowing us to advance thermal fishers climate action plans and decarbonizing the facility. Um the proposed plant is going to be in the location of the existing taken out. It's within the interior corridor of the facility. Uh so it won't be visible anywhere from the perimeter of the of any of the neighboring properties. Um there won't be any additional noise levels with it. It's actually going to be very beneficial. It's going to allow that temporary chiller to be removed has been um a noisy been a noisy name for in the past and it continues to be. Um so we'll be able to remove that. Um another benefit of that as well, we are interconnecting all of these plants within the facility. Um, so not only is it going to offload some load from those those chiller plants, so reducing the load of one of the ones that might be closer from the facility. Um, it's also increasing the resiliency of the site which will reduce the frequency that rentals again.

Okay. So you're going to take this one down and rebuild in the same footprint basically similar. It's going to be longer. So what's the what's back here then? So that is just um our site um logistics plan that's allowing that's going to show contractors path for layown area and corner the lot. I just want to say that this is the home correct. Okay. So you're going to be redoing this spot. You're not correct. Do we need any more square footage or taking uh there'll be a slight increase in square footage but it won't go any further than the existing boundary of that plant where we're going to basically fill that small void. um between the storage tank building and the existing

basically existing buildings. No taller building going in but moving equipment indoors. So we're looking at either situation. Any questions? Coming down questions with building this one. Yeah, this one's pretty easy. Okay. It just hit from some of the board might be more than a thousand square feet.

Yeah. plan required because it's over a thousand but it's even undersized from seeker doesn't do anything for additional generators it's noise reduction so everything in that motion motion to approve any further discussion all in favor All right. Thanks for coming in. Thank you.

Uh one, two, and three of the seasoning trial. I wasn't at the comp. Jen, what happened? Neither. You missed it, too. on vacation, but I heard there was another um it was a drainage plan that came in that hit the WR. So, as far as I know, all good, but I don't want to speak on it because I wasn't there.

Okay. So, then next we're unfinished business 2095 baseline. Who's here for 205 baseline? Tell me to come over here please if you want. Okay. Last time I know there was a bunch of clearance positive and there was I remember there was something about lighting cover. There's a cover letter that came with that side of drawings.

Looks like they put pod lights over the both doors. Yeah. And change the facads of three elevations. Yeah. How about what about colors? What do you do? Yeah. Something is building to the existing builder. Anything from building on this one?

Not really. those talked about they were eliminating something. It didn't really say that they really have to be dark sky comp. They'll catch that when they when they do their permit. Um, wasn't there a question about parking in the front yard setback or I was thinking about something else? Well, there's existing parking. I think they were eliminating the two spots. Yeah, there's existing parking right here. Eliminating those, right? Yeah.

Okay. All right. Anybody else have any other questions? I just have one question. So, cross the street. I saw that on that bull barn they just put up last year and they had the metal the dark metal top with no stones. Is there a reason why that was approved and is there something different about that? this where we are at or it's it's simply a break in the bass, you know, facade. So, you could have done the same thing, too. Well, we last had to do different material. That's why we do different color metals. I thought that was better, honestly, because neater, but Yeah. Yeah. I'll be I'm the one who said that. I didn't

I didn't think you had to use a bunch. Yeah, I thought we I thought you could do this different color. This is enough for souls. You guys could acknowledge that it's you're you're you know seeing accepting a changing color not necessarily saying that material has you could do that in consideration tonight. Just so everybody good luck out.

At our last meeting we item note that we had suggested four uh uh trees two and a half caliber along the front evenly space in the front of in front of the problem is there's no place to put it. Yeah. I got a note there. You end up saying no. Yeah. Oh, you mean out in front of the building? Yeah. There's sidewalks there. We don't want them on the other side. Right. Okay. This is back. Back.

This is your take out to plant trees there. Is everybody good with just uh suggesting to the town board that he can use alternative alternative color band we have that all over the place our minutes reflect that I would make I would make a motion to approve it with that provision but it doesn't have to be a separate material it could be a different color on the bottom second I'll second it

any further You're also coming out of your question. Okay. Next is the island shop 1966 white. Someone here for that. I'm going to have you come over here. Well, in your package, you guys were given a updated drawing containment. So, this is quite a bit different from what you were seeing originally. Ronald L.

Sorry. G A G I L I L.

Okay.

Yeah. So, um the angle shop as you know is across the street and uh recently they started serving ice cream and roast. So, uh they've had a couple things that they need to address. Um I think they're starting to just figure out what exactly that is. I appreciate all the input we've got so far. Um and we're taking that and still what we see here. Um there'll be additional drawings that will be uh both site and the building is reported. Uh the the existing site is uh is the total site is about uh 42 acres and uh it's well under the acre. Uh we did a short form super for this and we should uh be very good with that. Um we uh are required to have uh 16 spaces in the parking lot. We can get as many as 19 um but the minimum would always be 16 uh given in the proposed use of a food truck. Uh the um there uh the drainage for the site would be sheet drained either to the street or to uh the side uh towards the funeral homes where there's a swale which can take all the uh the water away from us. And uh uh we are um looking to do an addition to the deck. You'll see that ends the brown um uh section for the addition. And um and then next to that, you'll see the uh food truck idea, which would serve. Right now, we just want to do the roast beef out of that. Um and the ice cream still stay in the building. So, uh we're giving in and out, as you can see, for

the uh for the parking lot. So that'll take care of u any concerns for that. Uh we'll have a new pole sign in the front which we'll submit as required and uh as well as all the landscaping around it. Other than that, that's pretty much it. Any questions? When you did your seating, is there seating inside?

There's really not seating inside. There's a merkantile area. There might be a table in there, but far as I know, people aren't sitting inside. So, the seating are the three the two tables, picnic tables, and the tables on the deck. Okay, you're saying 36. So, what about employee? You have you have two for four occupancy, two for your office space and 12 12 spaces for the seats,

but no employee parking six. You also discussed with me that you have neighbor in need. Yes. Which one?

Business is a little different. So They're respecting each other's space. Actually, I had some conversations with Ross with the drainage and not what was going on. So, we also were talking about those pieces. So, right here we have office space. Um, we're taking care of the office space there. Retail two spaces listed there. Um, 36 seats. uh the space of curve at 16. Um the actual population you have you have 46 but I only counted 28. So where's the other the picnic tables on the ground? I want four and four.

Those little ones they have. These are these things here. I don't that might be what they're coming to. What are these little little circles? Those little things here. planners. Those are people. So, I got two, four, six, eight, 10, 12. Those are sombrero. I got 28. I figured they were like tables. Well, I didn't call that as a general chair. I think I was counting uh the picnic tables as eight and uh I might have deleted a table here and there was up to Well, we did we usually do four on two. Okay.

Right now there is to you can chime in whenever you ultimately it'd be optimal to put in a lot of time at all with a enclosure around it. Correct. And where we put it? Right here. Currently, it's right here. Okay, I got that. Okay, I see it. Garbage. If we needed to make a little more room, we would go to the side of that for

And do you currently have a health permit for the food now? Yes, we do. Ron, what's the red line in the northwest corner going off the driveway there? What? What is that? That's the uh current driveway is so current driveways on somebody else's property. Somebody else. Okay. So, you're pulling it off the property,

correct? Bring it back onto the property. might as well be any none shown here, but because of the one way uh try to you know I'm I'm thinking like a you know exit only out towards the inter then in the inside so that somebody doesn't try to exit out the entrance lane spotting something in there. Um, sure. We could add signage to make sure the directive f traffic's going in the right direction. I don't want to over sign, but it's arrows on the pavement.

What about the snow? I don't think people are going to get ice cream sandwiches out of a food truck. That was question. Are you operating the food? Technically, if they do everything out of a truck, they need none of this, right? Are you operating the food truck 12 months out of the year or food truck? We would be. Yes, you would be. You're on site. On site. So, how how do you how do you keep it from freezing? We haven't gotten for a whole year yet. We have the food truck currently is not outside. Okay. Yeah. But if you're going to be used you're going to be using the food truck basically as your kitchen. Correct.

Correct. Correct. So if it's plugged in like a RV is, so you would just get the food and go sit on the deck or out on the yard or take or take out. Is that am I following things? We don't have an extensive menu. It's a very streamlined menu different.

So according to the new plans, nothing inside was being done now. Um we're we once we get this plan done, we'll see where we are. Um we'll work with Ron uh building department to see what I think we'll have a check valve we might still have to do for the ice screening and things of that nature. The restrooms I was talking about. Yeah. Um so you know just trying to get this shooken out first making sure we're uh taking care of the big picture here. So the added go ahead

a grease trap or anything. Um, I mean, we wouldn't need a grease trap, I don't believe. We'll follow the code as as it tells us. But if we're just having the ice cream inside, I don't think Well, I don't think ice breeze, but I think it most Yeah. And I don't and I can't speak to that. If it's necessary, yes. But if it's out of a food truck, I think it gets eliminated another way. Um, and hopefully it's not going down the drain where we need that strap anyway. So the of course we would add what we needed. So the food truck won't be connected to the building. It's just freestanding and free self-contained. It's a truck.

No, I didn't know if there was a grain or something that they were going to put from the truck to the building. Literally in the name truck, right? I gota Okay. So I know last week uh last month when we talked about this two-step process of change of use first and then the site plan approval. Is that still the case that this needs a change of use? And should that be I was gonna say, Ron, do you want to should that be the first vote we take on the change of use? The site I was going to say the site plan is codifying a change is because of a change of use and it's validating its allowability to be there. Basically, if you site by change the use,

does building have any weigh in on anything here? Is it any weigh in from building on anything on this plan? That's not anything out. Okay. So, do we want the grease grease trap? Yes, we got RPZ going in for water. Grease trap could be required. Depends upon what Yeah, you're going to use the kitchen for, you know, like like they're talking about just the inside ice cream. No, and no, you don't need it. But if you're talking about washing dishes and you know and they're greasy type foods then yes and it's going to be required

that wouldn't be a deal breaker one way or the other. So where would we wash inside the building or in the food truck? That food truck's got a tank that will do it. They can sit inside food truck. So someone can someone weigh in on the food truck. The food truck has if it's a food truck, it has to be licensed. It's got to be approved by

So the food truck has like a sink and everything in it. Holding tanks over there. There's not cooking baking. So whether or not the grease trap I'm not to a separate conversation question that if we have to address the grease trap with our specific waterbased audit then we would address that. Um, as far as the second part which was what was your question on the second part? Where would you be watching the where would you wash dishes and things? You have any?

We're still utilizing the kitchen inside the building and I'm already set up with a grease trap in there. Approved by the health department. Approved by the health department. Three bay sink with the grease trap. I forget what the weight on it is. I want to say 10. So that's all right. So you got a small under sink unit basically instead of right formal big. Yeah. Okay. That that's already good on I'm good on this discussion at that point then. Anybody else that want have anything else? I think there should be a real positive sign on the in in road not just in the pavement uh that says in just so that people really can see that. I agree. Especially since they're going to be doing 12 months.

Yes. Right. and that we had a stop sign at the out just so that people aren't wheeling out into white hidden deep. Is there a requirement to protect the gas meter close to the driveway? Just see the gas on the right side of the building there [Music] by the 12oot dimension. I'm sure the gas company gas meter right here, right? Would that fall into the building ground? The gas meter protection on that side of the building where the driveway is. Oh, the same thing with the electric meter. Well, what is what is that front of it? Yeah. What is this white structure in front of it?

That the condensing unit. Oh, is that all that? Yeah, we would ball anything we need to. Okay. Certainly condenser power. Okay. Yeah. It's really small by the trees. The arrow is not quite going by the trees. There's the gas and electric. Says 12 foot. Oh, it's 12 feet away though. That's the width of the road. No, that's the driveway. It looks like it's 5T 6 feet. Yeah, but this is the scale. I think they put two little circles that are supposed to be called out in flowers. Okay. I thought those were people. Oh, you're talking. Oh, by the AC unit. I see them. Yeah.

Okay. Yeah. Yeah. Okay. Just expanding on what you said because you said stop sign. So, a stop sign facing the exiting traffic probably on the back side of that is set only. Yes. Yep. So, double face one sign. Instead of getting to see a sign, we can stop sign double face with, you know, exit only on the on the road side of it. Oh, there you go. And and then on the inside up by the bend, you know, you bend where you're coming around the building. Something with entrance, you know,

no exit or entrance only, whatever. Just saying no traffic exiting out that that road. I don't want to over you said if you needed extra parking you were going to use the funeral home. Correct. Someone said that they they the discussions they had with me and also at the funeral home is that employees have been allowed to use it obviously when events are not um because right now it is a constrained you know even without this stuff in it's a constrained resource over there and they said they had been working together as good neighbors.

So would you be asking the funeral home for a license to use his parking lot so everything's legal? He did say that now not above and beyond employee parking. He said he has no problem with customers parking. We don't have that discussion. I'm not sure. A license to use.

Well, we had this come up on another parcel somewhere else. So, when you're using someone else's property, you would need either a license or an easement. And that would be filed with Erie County. It's just a one page or two page document. No big deal. But then that would make everything legal. So the whoever owns the funeral home was to sell it next week that that goes with the sale. Otherwise, the next guy might say, "No, I don't want your parking over here." Yeah.

Want me to protect you? Yeah, I was going to say it's probably We've seen it come up quite a few times, believe it or not. So if anything for protection for you guys it would be smart. I don't think it's required just something I mean writing writing something that's an email. Well it's just a license a license just a small little document. It's not like a full-blown legal easement but it's just a a license to say that you can use that part if you want. It's like public rest or our employee parking office. Yeah. Paper parking,

right? Not only that, just that would protect him too if someone got hurt on his property. Supposedly there was an issue property on the other side that someone got hurt. That makes everything legal and clean. Anybody have any else? So, we want to make a motion to to approve the to approve the change of use and the site plan. Can we do it together? Sure. See, why not? And with uh the signage requirements, entrance exits and Ballard

and then to protect something to protect the utility corridor on that one side. and that we would uh suggest that they get either a license or an easement on the funeral home parking lot in there site. And if there they do change to from the tote cans to a dumpster, it would have to be screen and closed. Any I would like to deal with that one. So moved by second by Brad. Any further discussion? All in favor? I We're all set. Thank you. Thanks for coming in. Thanks everybody.

Next on our agenda is the local law and property maintenance. It was already approved. Councilman Garcia, correct? Yes, sir. Garcia came and did ask him to come to this meeting, but unfortunately they already approved that law. That's right. They already approved the law. So can we ask you sir how it's locked you have to go through the pl for it come unlocked. So, how did you buy the weight was table? What? It was disapproved. We didn't table.

No, we tabled it for further information. Meaning of I mean it was so it really was confusing Jose fixed. The first time we got it, we had it marked up in yellow and there was real confusion as to whether we were just looking at the yellow or the whole thing. So that was tabled and the following meeting was

we had no meeting. Um, and I think the the chairman rightfully so, you know, asked the board and everybody agreed there was nothing there and meeting and was posting questions and unfortunately and neither was building and I requested building to be here that night in case he was invocation. And then generally how we've done things in the past is that someone comes and presents or someone's here to answer our questions that you send the law to us and say here's the law. What do you guys think? And we're like well what is this? There was no one to explain that to us.

I think you and I had a discussion. We did not have we did not have a lengthy discussion as you put in the email. I ducked in your office for a few minutes and and just asked you one quick question about Well, but nonetheless, but still, it's not my it's not my job to sell your law, sir. Well, I'm trying to sell anything. No, it's not my job to sell your law and it's I don't think it's my job to sell any law. I created the law for the people of Grand Island and felt there was a need. Town board voted for it. They voted to send it to you. Mr. Dotti comes to all of your meetings. He's aware of every conversation we've had and every discussion we've had. Um, it was not as meeting and I wasn't

correct me if I'm wrong. We asked about the letter from the county and you knew that the letter from the county came and but nobody told us and we never got a copy of it. Did you know time or failed to respond and they Oh, I we I was under the impression they did. That's not what I was told. I was told that the letter came in in May, but it was never pushed to the planning board. The county didn't say they didn't care about it because it was internal. They missed the 30 June 16.

It's my understanding that the letter came in at May. It wasn't sent to the planning board till April was April. No, May. We voted to send it to the planning board at the last meeting of April. So, they had till June 15th, I think, to respond, which they did not respond. Yeah. But then then I felt that you know and I mean I'm not trying to beat you up sir but we can't function here without all the information and all the pieces. Sure.

If there's an applicant comes in and we have a partial application and the applicant's not here. It's tabled. We we can't figure out what they're doing or what's in their mind. And the same goes for the town board. We can't figure out what you guys are doing. you're you're you're another entity here. So there should have been you should have came and presented I feel and that if there was no letter you should have sent us a letter and said hey guys don't worry about this it's past the 30 days. I mean, we don't we don't get that. Well, we should get all if you want if you want the planning board's input, you want us to do a, you know, a a decent job here, we need all the information, not just a piece of it, not just the law. And then you then you mentioned then you sent out emails and quite honestly, sir, you were very

you sent me I responded to your respon. Well, you it was still an email coming to me and you sent email. Well, yeah, but Councilman, there's no reason to be to start calling us names. I mean, we're all called anybody a name. You called us fearmongers. The terms you were using were fear. That's your What terms are you talking about?

Uh, there was a discussion and since here, I can't say who's speaking all the time, but it was, "Oh, great. We passed this. Now the building department's going to run around issuing tickets and finding everybody in this town." No, my my my my point of this is what this is what I said. I said, "Oh, we're going to pass a law that's going to be selectively enforced." I said, "Is the building department going to run around with a tape measure measuring lawns now?" Because I have a real problem with the the laws in this town being passed and they're only enforced on people that somebody in this building doesn't like because other people get to do whatever they want. And this guy over here, he does anything. We take him away in leg shackles. That's the kind of

and it happens all the time and that's that's my point of passing another law and then I like well last year we passed a law on bed and breakfast we had one in here today ticket for one mile an hour and others that issue for 25 we can't control the

I I understand that we had we had a couple in here for a bed and breakfast tonight last year we spent all this time going over a law multiple copies and renditions of this law to determine if there was clean linen and proper toilet paper in the bathroom. And I want to know, did the building department ever go and inspect any of them? Why are we wasting our time? Why are we paying a law firm six, seven, $800 an hour to write these laws that have to be rewritten three, four, five times because half the time they can't spell right or they they call something different terms throughout the entire law. Why are we burning all this money? You guys are creating these laws and spending money. Nobody thinks about the the bills that this law firm is billing us. We just keep creating laws that nobody enforces unless somebody on the town board doesn't like you. Then suddenly

you're frustrated about something. I don't I'm frustrated about everything that happens in this building. I every single month I every single month I come here and I I complain about the same things over and over again. Selective enforcement of our laws. Let's try to just stay with this one thing here, Brad. I understand your frustrations. I I I just, you know, and then you said, well, there was no positive uh constructive

constructive things said. We generally pull these prints apart. We don't come in and say, "Oh, wow. This is really pretty. You did a great job." We come in and say, like tonight, no bail arts. How you going to do the drain? How you going to do this? We don't like that you don't have signs. We pull these things apart. We don't come over here and pat people on the backs. I don't believe constructive criticism is paying my interpretation of that and maybe I see it another way would be hey I see where you're going with this but what I don't like about this is this that and the other thing would could we incorporate this or could we not incorporate this or could take this section out could we add a new section in that's constructive criticism in my opinion maybe I'm wrong

okay so then on on that on that note I think it would have been beneficial on your part as a town council person to say, "Wait a minute. The planning board's struggling with this. I'm going to go meet them or I'm going to call the chairman and make sure that everyone's here has a copy of the law. I'm going to come here next month and explain everything and and give us the shot that we were duly to have by law and before you voted." It would have taken one more month. Like you talked about there's all this blight on Grand Island. Well, that's been going on for years. It's not like this is some big huge thing that's got to get done immediately and then you blow it through the town board and you and you approve it and you ignore this board completely. Like I I don't feel that you you might have got a a legal interpretation from the from the council. My brother's been a criminal lawyer 50 years. We can put and Tom's a lawyer. We can put 12 lawyers in this room. we'll get a different opinion from all 12 of them, however they see fit. So just by listening to your talented lawyer doesn't mean that's that's the Bible. I I feel that you should have waited and gave us the opportunity to do what we do instead of just saying because quite honestly I think you having people come on my property cutting my lawn and can potentially could get hurt and get their foot cut off by a lawnmower. They're going to sue the the land owner. Going to be

whoever's you whoever the town hires to come and cut my lawn when I don't when I don't apply to the law. You're going to send someone over to cut the lawn. Yes. Now they're going to Now there's going to be there's going to be young Wait a second. I hire a landscaper, they cut my lawn. If they cut their leg off, they're insured. What? Yeah. What if they're paying that employee under the table? I've been in construction for 40 years to an RFP. We're doing it as as an official contract with the town of Grand Island. But that doesn't mean an under the table operation.

I I understand that, but whoever you hire is going to hire somebody under the table. It I've been in construction for 40 years. It had I'm sure Scott can say this. Everybody that works at Benderson, there's nobody that ever got paid under the table from some of your subs. Not Benderson himself. As far as I know, no. Yeah. But what do you think? So it doesn't matter if they have insurance. I understand it's your job. It's over and that's what I'm wrong. Maybe I'm wrong to hell with this one. But if that person gets his foot cut off on my lawn, he's going to sue me. Well, of course they're going to sue you. No matter what they're going to do, then I'm going to have to turn around and sue the town

since this has already been passed by the town. And I'm not sure we even have a copy of what the final law is. At least I don't. Maybe. We don't. I would suggest that or that the we ask the town board to send us a copy of the final ruling on it and that we receive and file. Period. We take no action on it. It's over and done with. We receive it in our next meeting minutes as we do some correspondence and we file it. That would be my motion. Second by anyone to Dave's motion. Second. Second by Scott. Any further discussion? All in favor? Hi.

All right. All set. Long road still pation to some. Any discussions? All in favor.