Planning Board - Regular Meeting

something. I got you. Interesting. She committed to college. She's a junior this year, so she's

right.

Okay. Um, good evening everybody and welcome to the City of Kingston planning board meeting. Uh, my name is Suzanne Cahill. I am the planning director for the city of Kingston. Um, before we start the meeting, I just have a few quick announcements that I want to go through. If you have your cell phone on you, I'm just going to ask that you please place that on silence so that it does not interfere with the meeting. If you have any conversations that are not being held with the planning board, we just ask that you please take those outside of the room. Uh the common council chambers are available. Uh the other conference room is being used tonight. Uh bathrooms u are through the chambers. Uh women's would be to the right, men's to the left. Um, when you get through the chambers, if we have an emergency, we ask that you please use the stairs and not the elevator. If you need assistance, just ask us and we'll help you. Um, other than that, I just want to recognize that this meeting is being live streamed and it is also being recorded. So, I ask that you please respect that. Um, and with that, I'm going to turn the meeting over to chairman at 6:03 p.m.

Thank you, sir. Welcome everybody. Um begin with introductions. Uh my name is Wayne Platt. We also have Charles Paco, Matt Gillis, Vince Archer, Sage Newkerk, and Kyron Rundy. You've already met Hano, our planning director. We also have Kyla Dday, the assistant planner, and Alden Woman Ruth Katz is the common council liaison to the planning board. Item number one is the adoption of the April 20th, 2026 planning board meeting minutes. Everybody's had an opportunity to take a look at them. Any questions? Deletion additions on them. Seeing none, I will make a motion that we approve it. We have a second. Second by Matt Gillis. All in favor? I oppose. Gary. Wait, moving into public hearings. What?

Oh, yes. Um, uh, there's an item that has will be table tonight. Is it even on the agenda tonight? It is.

Yeah. It's item number six. Uh, all business. It's 140 at 150 and 160 Boulevard. If there's anybody here for that tonight, um I don't want you to waste your time and stick around if you don't have to or you don't want to, but I just wanted to make the announcement that that is going to be table tonight. Okay. All right. Thank you. Thank you. Um All right. Moving into public hearings. Item number two is 70 Lincoln Street and 42 Schoolmaker Street. lot line deletion of the lands of Angela Theres Dwaden Tra I hope that and Lisa and Michael Nakarado port the portion of section block and lot of 48.82-8-29 and 48.82-8-50 8.2-8-50 secret of termination of transex owners P3N word 7 Angela Theres Ware and Lisa and Michael are the applicants and owners. Anybody besides the applicant or owner we're going to speak on item number two.

Okay. Welcome. I love it. Can you state your name for the download a display behind you there illustrates what's going on. Yep. Pretty straightforward. 70 Lincoln will acquire 42. Uh they're purchasing this parcel a separate parcel from Nakar just adding to their parcel deletion pretty that is a separate parcel that that's going to be landlocked there. No no they're going to be it's okay. Is there a landlock? Technically landlocked now. Yeah.

I mean the tax map covers all property in Colorado but it is a separate parcel of a seps under seeker. It's a type two action. So, no further review of the board is required of that. Uh Sue has a list of uh

short list. We're getting rid of these paper streets little by little. Good. So, we'll need the result and parcel description of the new lot, which encompasses the current household and the um newly acquired piece. Um, you'll need five paper copies and one myar. You have the signature of the owner on them before the chairman will sign that and then they'll both have to be filed the deeds the new deed and the new maps with the county. Okay.

Yes. Thank you. Uh, all right. With what Sue just described, I'm going to put that into the form of a motion to approve item number two. I have a second on it. Second by Vince March. All in favor? I oppose. Gary. Thank you. Thank you. Have a good night. Cheers.

All right. Item number three is 199-201 First Avenue, subdivision of the lands of Laurine. Section block allotted is 48.83-3. 83-3-152100 secret determination transact Philippine 3L Ward 7 Margaret Nikolai Nikolna Barbara and Gorsline are the applicants getting orders anybody besides the applicant in order to speak at number three seeing nobody here for that John Hyde is here. Gloria, good. How are you?

Good.

Um, so this is um an interesting property. The the current tenants of the individual houses were will the property when their landlord uh passed um at that time. A lot revision was done to kind of move things around so that they could get one piece if they did not want to go to a sub agent at that time for some reason. and um resulting in a parcel that's has two homes on it and two owners. Uh so what we're trying to do is just you know separate so that they can get their wills and stuff in order and you know they're getting older and they just uh they want to have their own piece. So it's it's uh pretty simple. It it it conforms to the current zoning um what they're trying to do and uh confessions. Lot going on down here.

There's a lot of Yeah. And then Yeah, they all say, "Oh, they got another store." Good. All right. Is there a reason they just didn't pull it straight back that they kind of Yes, absolutely. Absolutely. So, this property, I don't know if you are familiar with it. It's kind of wet. Um, these ponds exist, but it's it's kind of marshy and really not usable for lawn unless you bring in fill. So, this lady right here, um, she loves to garden and that is why it looks that way. She simply wants to, uh, garden that area and the other woman does not want to deal with it.

Any other questions? Oh, I got do look great. Unlisted. Yeah. Okay. So, under seeker, this is an unlisted action. I have before me a short environmental assessment form that staff has indicated is on board. Um, at this time, we'll make a motion that we approve it. Do I have a second on that? Second by Chuck Palco. Uh, all in favor, Wayne Platt is a yes. Charles Malco, yes. Matt Gillis, yes. Vince Archer, yes. Sage Newkerk,

yes. Okay, that has passed. Be careful with that.

All right. Um, okay. Same stuff as the last, right? Okay. So, um, we need the resultant descriptions of of the the parcels, five papered and one myar copies with an owner signature box for the chairman to sign and filed with the city um county, I'm sorry, was that CQ1 County, the deed of the maps. John's familiar with all this stuff and also with item board policy number six. So, with that, I'll make that into a motion to approve item number three. Do I have a second? Second by Sage. All in favor? I opposed. Gary.

Thank you. Nice seeing you. Take care, sir.

Okay. The item of the board is one Garagan Drive, a special permit and two major waiverss for telecommunication tower to provide wireless service along with supporting infrastructure request waiver for certain submission requirements. Uh section block of lot is 56.35-3-23.100 C for determination transact zone T5MS ward 8 cell code partnership doing business as Verizon wireless is the applicant city of Kingston is the owner anybody besides the state of I know anywhere seeing nobody there um welcome folks can you state your names for the Sure. Scott Olsson from Young Summer,

Alan Rollison with Tectonic Engineering. All right, fire away.

Fire away. I'll make it as brief and happy to answer any questions, but we're proposing to build a new communications tower on city- owned property. Um, which is shown right here. It's towards the back part of the parking lot they're talking about. It's like a 43 by I think whatever it's 48 compounds. Tower will be located within the compounds. to be fenced secured. The tower height we're proposing is 135 ft tall. It's a monopole style. Um we're proposing some landscaping on the back part of it because it's close to the property line. um it's in the TS5 Main Street District that does allow these facilities and um because the setback requirements are fairly minor. We comply with them, which when I first saw the plan, I wasn't sure that was going to happen, but we're in compliance with that. Uh but we do need two minor waiverss. As the chairman mentioned, the uh cell phone towers, communications towers are supposed to be on properties that are a minimum of 3 acres uh in size. This is on 2.8 acres, so pretty close, but we're not quite there. Um and the tower height, min maximum tower height is 40 to 50 ft in this district. We're 135 ft. So, we can waver from that also. Um, you know, we have it pretty see it here, but I'm sure it's in your on your um your website. The application is fairly thick. We have a bunch of information. We are fully compliant with the FCC requirements. Uh, we will not exceed the emissions that we have to comply with. We have our RF radio frequency justification that explains why we're doing this. Um there are some pretty significant gaps in service in the area and this will cover the southern part of the city uh really well. We did consider other locations. Um one was at the um city wasn't it the

it was a smaller parcel that was one we did

03 Broadway. It was also city- owned property, but I guess the city putting it would have to be on the roof because the property is so limited, but you're putting solar panels on the roof, so we can't have them. So, that uh eliminated that one. Basically, there was another property on Six Adams Street, and that that's owned by the Catholic Charities uh and they they decline. They were not as interested. So, um, but the city was interested in like this just shows you we're looking at about three, six, nine, 10, nine different nine, uh, plans for vegetation. And on the north side, uh, there will be room for colllocators if other carriers come and want to put the antennas on the tower. We we designed a tower for that. And there's room within the compound. We also offer um free rent space on the tower and in the shel in the compound area for any emergency services. So that in a nutshell is what we're trying to do.

Talk a little bit about the need for how we're in this area Kingston services. Yeah, we we have we are um we have I don't know you you've seen them but in exhibit six of our application that's the radio frequency justification and it's you know it's 25 pages or so but we have some pretty good mapping in there that shows generally oh it shows you why we basically need to be here. We have a Kingston downtown site and I believe that's on the roadway which is the Verizon building which we've done a lot of upgrades to recently. Um and then

Street Yeah.

Yeah. I drove right by coming in. It's a sub tower on top of the Verizon building. That's just to the north of this site that we're proposing. And you probably can't see it, but the green splotch of color, that's what the service is being provided by that site. So, this is where the site is that we're proposing. All this yellow is not good service. We have service gaps. And when we show you, basically, we're adding this green to an otherwise area didn't have it. So that's that's one of the needs. We also have capacity issues because we don't have a site in this area. Too many people are trying to access the Kingston downtown site and it draws the signal and it means that people close to that site can't even use that site that well. So this new site will basically take care of capacity and coverage. You talked about the cities as a free of grant to put some any some components on there. Yes. Have they talked to you about putting the a repeater on there at all for the fire department or anything like that?

I'm not familiar with that, but if they come to us, yes, they're local emergency services. We will put them on. You know, there's some dead spots down there for that. Yeah. You know, Golden Hill camp. So, we we do that for all emergency services. So if it's needed, they just have to come to us. You know, it'll be free, rent free. We just make them sign an agreement so that we know what they have up there just so we have an inventory there.

Yeah. And how close is it to the residential area right there? That's right next to um Spring Brook Garden, right? Yes, it is. Yeah, it's it's Yeah, it's closer towards that area. Uh in terms of noise, the normal general operation, no, it's it's it's noise free. It's just electricity that basically powers it. Um but I just need to see the generator. Do we have a generator in there? I'm sure we do.

Be positive. And um so there's an emergency backup generator that we have with all of our sites. And the question is usually it's a diesel generator. So that could generate some noise uh on two occasions. One, it gets run every two weeks just for routine maintenance to exercise it uh for 20 minutes. Usually it's Tuesday at 10:00. Um that can be changed to any time the city desired, but we try to do it because most people are generally working then. Uh, and it will run during emergencies where the electricity is out. I mean, I think that the police department has an emergency generator that kicks on every now and then.

So, yeah, I'm sure they do. It's they're done in the city. It's like, you know, if you have a power outage and you, you know, for those that don't have the traition, that traditional landline phone, you want to use a cell phone. So we want to ensure it's not during those periods. But we do have a generator and usually usually it's a 50 kowatt generator. That's standing one right now. And you had mentioned in the application that it's basically an unmanned facility. Um that would get um I guess visited one to three times per year essentially just as regular m standard maintenance checks. Exactly.

Unless there's an issue. What kind of security um is on the facility? Uh so the it'll be a gate with a lock with a lock code. It's also remotely connected to our um operations facility so that if they have any problems with the equipment if they notice any inconsistencies, alarms go off and then they can dispatch local folks to take care of the issue. Okay. And there's there's a light on top too. So you got a blinking light. Uh not on this tower. I don't believe should it be because um I don't even know what the FAA

So the FAA rules generally is if you're 200 feet or taller, it's automatic. Put a light on it. You have to mark it with the red and white paint. Um if you're under 200 feet, yes, you could have to put a light on it. If if there's a I didn't see here because we're not we're not we'd have to be near to be near an airport. Okay. Okay. We're not close enough to an airport to acquire it. Okay. No light. No. I'm just looking at the elevations. No light. Okay. Good.

There'll be a light within the compound on it's an H frame. It's a steel H little H frame. Uh and there'll be a light on it so that if uh they have if technicians have to come during the night to fix something, they flip switch uh and it is actually on timer so it'll automatically go off. So if that they were forget to turn it off, it would go off. This is the array of radio. So everything look like up top.

So you could go down to um yeah, that's what it's going to look like up top. So we have what we these are these are the basically the antennas right here. One and two that you know and you're looking at one, two, three. So they vary in size. One's a rather, you know, large antenna. These are two smaller antennas. We have three on each side. Basically, three sat here. So, nine antennas total. Yeah. It's a picture looking down so you can see figure. Yep. And I believe the next page should be the No, that's it. That's That's right. Yeah.

Yeah. So, you basically have one, two, three on each sector. One, two, three. One, two, three. And behind them there, there's something called the remote radio head. It allows the technicians to control the antennas from down there. So they don't have to climb up there. So then if they notice that the antenna should really be tilted a certain way, they can actually tilt it a few degrees either way to maximize their coverage. If another utility wanted to colllocate on this, they would come to Verizon. How is that a strong likelihood that would happen given the way the terrain goes off, you know, kind of your almost in a little bowl section there?

It it totally depends on what their coverage is. AT&T, I can't tell you what their coverage is. However, usually it's kind of like the Field of Dreams. Build it and they will come. Usually you see at least one other carrier if not more. But again it really depends on what they're doing and because we don't have the exact same location sites as they do. So our networks don't match completely but it's available. We don't prohibit it. You know we all have agreements together that if they want to come on our sites we can. If we want to go on theirs we can. and stuff. Yeah. Question about the waiver. Yeah.

So the in the in the code it states that it has to the maximum permitted structure height is 40 to 50 ft. The proposed is for 135 ft.

Yes. So pulling up the map that height the visibility of it is very I looked at actually what I did was I took the T5MS and I looked at the maximum building height using stories as well. The definition first story the maximum first story height and then the maximum stories J on that. It came up to like 73 actually for a building that could be constructed in T5MS in this area. So the max P could be built at 75 and this proposing 135 with a with a build with an actual building structure, right? That could be

so still. Yeah. And so they and so then looked at that and then the difference between that and the 135 waiver. So the question that I have is that there's explanation as to why that would be needed to cover an area that is lacking coverage. However, I don't understand and I'm sure that there's a reason why there was a maximum and then also a minimum age requirement and then just want to know as far as like um how those parameters were set and maybe why um just so that it could be explained well.

Okay. I I don't know the background for the Midland acreage for the facility um in the zoning. Um obviously they don't need that much land area for you know the equipment um and the technology that they're proposing is basically just a monopole versus sometimes you have more towerlike structures which have a broader footprint at the base and then they additionally have equipment that is at grade um and stealing those in other locations around Kingston. Um uh that might be one of the reasons just and then so that you can have a buffer area as well. Um that might be one of the reasons. I don't know the background on that. Um but in terms of the height um obviously when they're looking at heights in different areas they're looking more at building structures and not antennas. And obviously they need certain clearance um in order to be able to carry. they were, you know, surrounded by buildings, then they wouldn't be able to transmit. So, they do need a higher height in order to get achieve that, you know, service,

right? Um, I know they're not going to make it over Hasbre Park Hill for this, right? With the signal, but well, that would be a good place. They would touch it just slightly, but not then you get into more scenic Yeah. Yeah. aspect the tower along the river

and although this this is a commercial venture right um it is providing a necessary service I think to folks in the the areas that are lacking cell phone ser sporadic cell phone services in cases of emergency um and they also have he mentioned that the city will have uh a free rent use of the of of the of the the pole too for you know upgrades to communications for this police or fire and things which I had mentioned that the you know there wasn't having to repeater on that would definitely help serve down you know that area of the city which I have noticed as lacking in adequate communication for yeah

those types of things. That was my next question cuz you mentioned for emergency services like what are some examples of where an emergency service was needed and used on a structure like this? Fire departments. Yeah, we've done that. Uh sheriff departments. Uhhuh.

That's been the most common one I think especially and doesn't apply here but some rural areas that I've done um uh Skeri County that sort of the sheriff has come out and said we have no radio service here. So he's gone on a couple of our towers here. Uh but police would apply also some there have been a few instances where we've actually replaced a police tower and with a much more robust tower for our needs and then we police going back on. I do know that Chief Tinty, I did send the this to him as well as to our IT department and I know that uh the KPD is one of the was one of the driving forces to try and get some additional service down because they are very much lacking down there and festivals and things like that. Their services is very or minimal. So, this is something that they actually kind of were one of the inspirations to try and get something done on.

Okay.

The the other thing, too, is that we're very sensitive to tower height. Um, you know, we don't come in and just build a tower taller than we need. In fact, the last page of our RF justification includes just one example of some of the things we tools that we use. This is drone footage. So, we flew drones at 90 ft, at 110 ft, 130 ft, and 150 ft. Uh, we're proposing 135. I mean, in reality, there are nervous because it just seems better. And so, but he's not getting, but like at 90 ft, and you can you can't see it here, but this is a line of sight technology. So, for the signal to transmit properly, it can't get interfered with. And and at 90 ft, it's starting to look into trees and stuff. So that we have to be about that that takes in consideration terrain and vegetation.

Yeah. Yeah.

Um I is can are you able to show in a picture where compared to the the um Spring Gardens the the house? Yeah. could go back to the plans just fine. And um I don't know like how sound travels you know when there is when it does make a noise but is there a way it could be faced or located so it's more highwayentric because you know there's a road there so I don't know just some way so it's not I don't know what the impact would be on noise or emissions wise but I mean there wouldn't be any on our residents

so there won't be any noise in terms of again just daily operation when the generator does not run and the generator as I said runs in two situations. One when they exercise it every 2 weeks for 20 30 minutes or so the generator so I don't know if you can see it but the generator is basically right there right there. So it's about 15 well 20 ft back from this property line give or take. We're gonna put some trees in there which will help dampen the sound. Um, and I'm not an engineer, but I've read the reports so often. Generally, as the sound travels, it gets reduced logarithmically. And so, the you're talking about the residential area people right there, Bill. So, I don't have a map with me, but that's 48 ft. So that's so this is probably 120 ft away. So I mean I can have you know we you've done sound analysis where the generator is put this way usually at that distance it's going to be at about 50 or 60 dB which is honestly a conversation basically. Uh I don't know if they have

and oh the emissions it's that's right the emissions I'm talking about um on the electromagnetic basically the energy that comes from the antennas the FCC publishes guidelines for each specific frequency um and we are 100 times more or less than the maximum that we could actually use. uh we don't crank crank it up 100%. Because what happens is it then goes and travels too far interferes with our other sites. So I mean bottom line is you're you're you're taking steps to reduce the amount of noise that's generated from this from this facility.

Yes. Yeah. Yeah. The these trees, believe it or not, will do will go a long way because they will help absorb the sound waves. Yeah. You have another question.

Any other questions here? I think it's a necessary thing for safety and our first responders are saying we need fish. Maybe that's for me. That's enough. The the other one quick thing to mention too, it's just I think it was in 200 I mean people are cutting their landlines and I forget what the numbers are what

yeah most people don't have landlines. Notwithstanding that I think in 2024 there were 220 million 911 calls in total across the country. 192 million were from mobile devices. So 80% basically of the 911 calls are coming from cell phone stuff like that iPad right

you have two laborers as he described one is for the size which the requires a 3 acre parcel and this part loop is approximately 2.8 8 acres. So shy of so that is that is one of your um waivers and the other waiver is for the height requirements. You did have two checklists any other folders. Okay. I need here

that one. Yeah. It's the same industry. Okay. Yes. We're going to do the uh property cycle first. Okay. Do you want me to read the whole preamble? Um yeah, you I'll just do the section of the code and then also the intent. Let me read that. Yeah. Then get you want me to read that on the whole thing too? That whole thing. Yeah, that's the intent of an

All right. So this is planning board favor checklist for one Garrian drive. Uh this is for property size which is section 405-21 P1. Intent of the transact in which property is locatedable, vibrant and main street serving multiple neighborhoods and the city with commercial, retail, entertainment and civic uses, public transportation and small to large footprint, medium to high density building types. The applicant uh this is number nine or no numbers on it but the applicant has included a waiver request letter that clearly identifies and describes the waiver being proposed.

In your staff notes you have the in the staff notes you will see the justification statement which the applicant submitted. Do you want to take a review of that and if you have anything else to add? Um staff also just referred to the engineering necessity case and the public benefit of building capacity and resolving gap issues and coverage.

I can move on. Okay. So that was a yes. In their letter, the applicant describes in detail why the waiver is needed and how the waiver request is consistent with the intent, design, and compatibility of the transex zone in which the project is located? Yes. Yes. Great. Will granting the waiver contribute to the realization of the overall intent of the transex zone and result in an improved project which will be an attractive and durable cont contribution to the transex zone. I'm saying yes on that.

Everybody confir um to support walkable neighborhoods and or mixed use centers. The project emulates the neighborhood context for how far the buildings relate to the sidewalk, how the facade is designed, and how the building interacts with the street. Na on that one. Yes. Anybody concur with that? Yes. The project supports a green and resilient future by for example reducing vehicular miles traveled providing green infrastructure indoor street trees and board including high quality usable open space. So I'm thinking NA on that concurrent

project supports incremental development patterns in its size and density and supports infill development or the reuse of existing buildings. Uh was it a no or an NA on this one? NA. It's not building. Yeah. project supports the provision of a variety of housing types to support a range of income levels, age groups, and family units. NA

the project specifies street design that is walkable and bikable and reinforce safe and comfortable environments for all us. All users. Yes. So that basically that first waiver then I would move a motion to approve the waiver.

Okay. this time based on just on that firstation and justification as provided the staff.

So this time I'll make a motion that we approve that waiver request um for the property size based on the checklist and notice in the staff. Do I have a second on it? Second by stage. All in favor? I opposed. Gary, this one is a planning board waiver checklist um for no gar uh referring to the table 405.58 in the homebased road. This is for maximum building height. The 10th transact in which property is located a walkable vibrant urban main street serving multiple neighborhoods and the city commercial retail entertainment and civic uses public transportation in small to large footprint medium to high density building types. Right. The applicant has included a waiver request letter that clearly identifies and describes the waiver being proposed accompanied by plans and other visual representations as applicable.

So again in your in your notes there's the justification um which you also see out of these are also there. um read through that justification. Do you have any questions?

Any questions, comments, additions? Okay, pretty clear. Okay, all right. In their letter, the applicant describes in detail why the waiver is needed and how the waiver request is consistent with the intent, design, and compatibility of the transex zone in which the project is located. Say yes. Anybody can clear with that? Yes. Yes. Will granting the waiver contribute to the realization of the overall intent of the transex zone and result in improved project which will be an attractive and durable contri contribution to the transct zone. Yeah. Yeah. Say yeah. Okay. I agree with yes.

Yes. To support walkable neighborhoods and or mixed use centers. The project emulates the neighborhood context for how far the buildings relate to the sidewalk, how the facade is designed, and how the building interacts with the street. Mhm.

The project supports a green and resilient future by for example reducing vehicular miles travel providing green infrastructure in our street trees andor including high quality usable open space. annual concur. The project supports incremental development patterns and its size and density and will support infield development or the reuse of existing buildings. A on that

yes incurred that supports the provision of a variety of housing types to support a range of income levels, age groups, and family units. The project specifies street design as walkable and bikable and reinforce safe and comfortable environments below. Do they have any?

Yeah. So, at this time, I'll make a motion that we approve the waiver request for building height based on the waiver checklist and on the justification illustrated in the staff notes. I'm second that. Second by Vince Archer. All in favor? I opposed carry any disc.

All right. So, under Seager, this is an unlisted action. Um, so I have before me a short environmental assessment form that staff has indicated is in order. This time I will make a motion that we approve it. We have a second. Second by Chuck Palco. Favor. Wayne Platt is a yes. Charles Palco. Yes. Matt Gillis. Yes. Vince Archer. Yes. Sage Newkerk.

Yes. The creation is adopted. Thank you. 8K I think there are long list for this not too long six they want to do noise touch base about screening the the vegetation will be right got that all hammered out I turn the ears noise about 19 anymore. Was it 19 or 18? Noise. Do you want to listen?

How is this secured? Is there a pad lock on it? Is there a keypad? It's a anybody who visits the site to gain access into it as an app on the phone now. Okay. So, it's electronic lock. Would would there be a need for the fire departments to get in there after hours before a rep a Verizon representative shows up? save us a fire in there or I mean is it easy for the department to get in? Is this something we don't want to be getting them to or I would assume that they can we could provide them with that the ad or the key or I I I can

I mean because there's we have a a policy. I don't know if you heard of Knox. So I don't know if if Knox even makes something, you know. I know they have padlocks. They have the regular key in the um Yeah, I'm pretty sure we can I'm pretty sure we can do that. Okay, cuz we're going to make that a requirement that fire department has after hours access if you could just get with figure out specific manner. Okay. In the old days, they would just take their clippers and find they don't want to do that. And master and then you know at that time you guys can have a discussion with him about hey this is what we don't want you doing in here you know just so you take care of all that

work out the range for sure. Yeah. Right. Um Sue is going to go over the policy expand six 18 and then the dark box policy. Uh the and then I'm just going to put lighting. Oh term do the term. You're going to need the term so we can do how long do you think for construction? What if you could you well you are still going to you're going to have to still negotiate the lease and then there'll be construction. I think we have the lease. Is the lease all? I don't know if it's fully signed yet.

Okay. Um there's still stuff to be done after zoning. There's regulatory with the feds, right? Um and I I I don't know if this is a 2027 site or 2028 site. Uh probably 2027. So, I don't think it'll be built at least in for a year, but um I to be safe, but then again, that could change. I mean, if if everything gets buttoned up and it's Halloween, they're not going to sit and wait, but that's at this point. I It's not going to be done this. Yeah, it's not just because we're out of

just ordering stuff to steal everything in six months. What is the lease term? So our lease term is going to be a fiveyear term with four or five year renewals. Usually we've been in 25 years. Yeah. That's follows the first lease term. If if upon renewal everything nothing changes from all these conditions then you just come administratively come back to the board. Um but if there is you know a collocation situation that comes up then you just have to read and we address the collocation as a modification to the permit. Change of ownership will trigger that as well. Change of ownership as okay everybody's comfortable with a fiveyear on this.

Yes. Okay.

Maybe you got to you got to and I interrupt you whole thing. So Okay. Also, if they um you want to wave the submission requests, they they didn't. In other words, they submitted waiverss for service required submissions in the application. So, you just have to accept the drivers that they can make that part. That's one. Yeah, we can do that. Yes.

I thought that there was nothing. Yeah. Yeah. Okay. Ready? Okay.

So, um we would be approving this for an initial 5-year term. Um which would come back administratively with no changes. Uh if there is an ownership change or colllocation or any site changes, that would come back to the board first permit renewal uh modification. You're going to wave the submission requirements as requested within the application. Um we've already agreed to the two waiverss for the um height and the property size and this will also be with board policies for a 618 and the knockbox see what Sue just illustrated uh I'm going to put that into the form of a motion to approve item number four and I have a second on that second by Sage Newkerk. All in favor? I on opposed. Gary. Gentlemen, thank you.

Thank you very much for your consideration. Thank you, Chuck. Thanks.

I hope this is one of them. Make sure that you appear before. I I'm not just saying this. I've always said that yes, the answer is yes. But in general, I find that cities in upstate New York are just so much nicer to work with. Believe me, before. Well, you guys came prepared, so it helps us. So, we appreciate that. Thank you. Thank you very much. Thank you.

Okay. still under public hearings. Item five is 329 Foxhole Avenue special permit for special permit for an adaptive reuse to establish arts studio retail and honoring workshop request waiverss for certain submission requirements. Second block a lot is 48318-8 there 7 determination transex zone T4n 6 Simon Morris the applicant boxol enterprises llc order anybody besides the applicant and owner wish to speak on item number four

I'm just showing this first picture so you know what we're talking about so voices Yeah, they're not going to go. So, state your name so please. My name is my name's Christina. Okay. Welcome.

All right. So, we had an ice cream cake. What? We're going from cold to hot. This is so um yeah, give us an overview. What are you doing here? Uh we don't we don't know why um want to follow through with that, but um it's for sale. Uh we wanted to buy it. Um but we stipulated in our contract that uh we would need to make sure we can establish our business here. Um so uh if it all goes well tonight, then we will follow the purchase. Um, and uh, what we're really trying to do is uh, you know, we did lay it out in the description as best we could, but uh, we're we're looking to establish, you know, our artist studio in combination with uh, getting all the glasses and the retail store. So, on the left there's basically like what is just a garage. Um, in the garage right now there's no uh sorry before I get ahead of myself. There's the garage on the left in between is it's kind of a cement point there. So

yeah, feel free to do that. That's So this is the garage. This square here. Okay.

Um about 400 square feet. And this is the um basically Bruce Watson who had a uh engraving business here for a long time used this as his office. Uh it's um we want to turn that um in our adaptive reuse project to be uh our retail store. Um it's small but we are small um and we don't assume to be selling anything big. Um, and uh, yeah, that's pretty much the overview. And um, oh yeah, so kind of one of the big things here, at least for us, not for you all, is that uh, because he had this business here for so long, um, he had a well and a septic. Um, and so we we have to connect to, uh, city sewer and water. um you know which we're willing to do and um

you can still use that well too, right? If only if only. No, it's not allowing city. No wells in the the department.

Yeah, there might still be some if they're grandfathered in, but uh since we're buying it, from what I understand, we can't use it. So the location, you know, obviously with the pottery business and and that the location they've got um you know, they've got connections with B pottery and also with the um the Cornell Street Studio is right there where I think you teach, right? Or you teach um some classes there. So that this area is it's, you know, kind of fits in with what they want to do and, you know, just kind of be activated. Obviously, it's it hasn't been used in quite some time. It needs some attention.

Um, you they're willing to take the the the structures as they are, adaptively reuse them by upgrading them um and, you know, and bringing them, you know, into a useful thing. They're going to do some classes there, small ones, but also have some retail space and some actual work space for themselves. So, it's a it's a good fit. Um, it's a small property, so it, you know, kind of fits the scale of what they're trying to uh do as well. So you know how we discussed with the with the voice project the location of windows and is it is it did the thing basic through that that approval and putting it to

it's a little different cuz they're using the existing structures. So they're adaptively using the existing structures. They are adding some windows. Um but yeah but for the most part there is the kitchen that was more new construction. They were added on. This is now no addition being above me.

Um their signage is going to be very simple. They're taking the memorial signage that Watson memorial had there and they're just refacing that with very simple just clay kiosk which is their business name. So, I extreme holdings. I think it's great um access to other businesses and schools like it. And it'll be nice to just for people to drive by something that's so recognizable, you know, as a a localowned business to see it come back to life and then repurpose but not completely changed. Yeah. Yeah, I think that that's really inspiring and sets a really good example.

So, thank you. Yeah. Yeah. I mean, we fell in love with the building when we walked in cuz we were like, "Oh, this is perfect. We This is exactly what we need. This needs fair amount of work." But that's okay. So, the items that you're going to sell, are they finished products? Is it what? Is there other? Yeah, pretty much straightforward like uh wares, you know, like um I do mostly functional pots. Um whatever you can think of, garden pots or bowls or plates or mice and I'm doing sculptural work, so less functional. Okay. For fun.

Will there be anything, you know, there was a lot of memorials out in the yard before. Yeah. Um, will there be anything any of your work that will make its way, I guess, out into the yard like the memorials were before?

I think uh sometimes pots at the bottoms of pots explode in the K. So, it's possible that pots that are not sellable can't be there, but we also wanted to have some sort of like courtyard fields, but maybe like a picnic bench or something like that. Um, maybe open the garage door in the summer and just kind of Maybe the class could be like, you know, have some fresh air and also the grass would have been fine. Um, we're not proposing anything at this time for that area, but it's big when we feel like we'll come back in 5 years like all right, we're

good. This should be two because they're not actually Oh, that's right. It's just it's take to action. So that's they're scribbling this one out. Okay. Are we ready for seeker now? Did I say that? Yeah. Okay. So under seeker is a type two action. So no further review of the board is required for that. Um and this is also a special for me. So we need to do a show

think your time frame is in terms of getting yourselves up and and actually running and and in business don't have a kind of a target timeline probably will want to be running. So we'll work on it a lot in the summer. Okay. uh in in my fantasy world by August, but maybe September. Okay. Yeah. We're we're not sure how long it's going to take for like this sewer stuff. sewer and um yeah, contractors sometimes are like, "Oh, we don't have time for you or

No, cuz we like to if it's if it's a renewal and it's going to be administrative, we're doing it in August." We go to next month obviously August 27th and that way. Yeah. August 27th. Okay. And then and then that way it's a renewal in in August of 27. If nothing changes and you're just doing exactly what you've got going here, there's no issues. It's administrative only. You don't come back to the full board. Okay. Okay. And then after the administrative renewal, uh what happens then? How long?

Um we can talk about that. We can if you if you're the owner and we can make it an extended period of time that would be up to administrative stuff about that when we get there. Yeah. All right. What's like the usual? Yeah. Special permits are generally I mean they can be given um you know for the life of the use as it exists um until something changes, ownership changes, whatever. Um, you know, if you sold the property to another, you know, individual that continued the business, it would be one thing. If you sold the property to somebody who's going to do something else.

Yeah. I just wasn't sure if it was like every two years and we need to like or or it could be okay. So that is now you do need to also wave the submission requirements as was requested in their application. Okay. That'll be included on the It is required. Yeah. Okay. All right. So I can probably read this all the slot here that not much there.

All right. So uh the conditions are the waiting of the submission requests as submitted. Um we do have board policies 4 4 A 56 7 13 18 23 and 24. Was 24 the knockbox board? That's the wind year. Okay. To get their permits which they're going to be doing by August fine. What's Knox 23?

Okay. Um All right. um with the term to expire at August of 2027 when they would have to return. Uh so that is a motion. I have a second on that. Second by Matt Gillis now. Um all in favor? I opposed. Gary. Thank you folks. Good luck. Good luck.

Thank you so much. Okay. Um, it's because information for Was that their request? Yes.

All right. So, under old business now, item number six, uh, 140 150 and 160 Boulevard. um because they're lacking some some submissions that were required. Um they have requested that we table their application tonight. So I'm going to make a motion to do that. I have a second on that. Second by city Booker. All in favor? I opposed. Gary. All right. New business. We're going to delight them. We can do them both at the same time or video. So, we'll do them separately.

Yeah. All right. So, this is 615 Broadway and 35 Cedar Street. Uh this is an amendment to uh to improve site plan for mixed use building consisting of landscaping, lighting, adjusted building dimensions, storm water modifications to address comment agencies and site commitment conditions. Section block of lot is 56.19-3-16 and 56.109-3-42 109-3-42 Secret of Termination Transone B5MS NT5N Ward 4 Backing Development Company LLC is the applicant Sydney Kingston Salvation Army are the owners state your name to director please.

I'm Patrick Moore. I'm the director of construction at Earl. Welcome. Sorry that was a mouthful to get to get through. Yeah. And you know, you you happen to be here tonight, but we're don't jinx it now. We got to just keep it moving. I got the cell phone tower came through. I said, "Okay's got to go to next. So, we're going to try to keep trying."

So, so we're we're we've been moving this project through the process for a while now. We're getting awfully close with closing on the parcels of land that we need to. We have just a couple things have gone on. We've gone through agency approvals and coordination um particularly as it relates to the brownfields cleanup program. So the DEC and the DO have weighed in. Um we've also uh continued to develop and refine the design of the buildings and that that led us to a couple of changes that that we discovered needed to be made that are um minor in the grand scheme but can help require us to go through. uh if all all of you folks. So um the the main site plan change is the storm water system and this is per comments from the DEC. We um I how do you want me to do this? I can point you to which you want to go to if you want to see all of these changes like where they exist. Sure. So page six of the P of the PDF would be this the um

So that one you just had it go down another one.

Yep. So originally the storm water was meant to go to an infiltration system in the courtyard because of the brownfield um nature of the property that that's not allowable. So that's going to an HDP like a pipe system that will then exit the property and the infiltration system was moved onto this area under the parking lot which is part of the parcel that's coming from Salvation. Um the building footprint was slightly adjusted really uh just to as on further study of the survey and the lot lines and where the building was actually placed in the architectural land that were submitted. it just needed to be shifted a bit to just stay off of neighboring property lines. So, it's really a function of like the angles of the building. Um, and we're actually and then an offset of the tower back here. Once we get to the second story, this will offset about a foot or so in this direction. So, it's not a really noticeable change in terms of massing or anything. It's just about like fire ratings and the and the law and the lot lines that we're up against. Um the water connection if

Could you just talk about that that Yeah. No. Was it is it is it odd for DEC to weigh in late on this like they were meeting in that's like a welcome to New York and seeking lead agency status. So the next process part of the process about the brownfield plea numbers. So the brownfield cleanup is going on with the voluntary. It's a real classic example of like you think you're approved and then goes to the agency process. And this isn't like we just started this project yesterday. This is the buds.

No, you wouldn't. I mean that that process although it's great like all good intentions everything it is it's a bit unwieldy. So you end up with this. So, we'll have a we also have a 45day public comment period post submission which really pushes us out to like you know uh end of July for a potential start date if if everything else kind of falls in place. So, um great question. Water the water connection was changed. That's on page seven. If you go down another one, so this water the water connection coming in off of Broadway is going to come into a water room in this area of the building. Um, it will be concrete encased as it is up towards up towards this other lot line. And one of the things that that does is it allows us to not have a big water room that's taking up all this space on the Broadway frontage. Um, which I don't think any anyone wants. And um, what our hope is is that we tap into that water line in the street and it's in good shape and we're off and running. Um there's a gate so for access for any sort of p for the DPW um there's a gate right here that they'll have access to. That gate was part um approval processed for

landscaping was revised. We added some new different species and kind of um you know judged it up as much as it needed to without going overboard. There was discussion about adding a tree to the courtyard. That's a problem with the storm water and it also sort of limited the programming of the courtyard. So that was one of the comments that we that would we responded to from the city engineering. So your landscaping is sort of on this edge here and then in this sort of rain rain garden in the in the center of the uh of the courtyard. Um, and then lighting was just further studied, coordinated, refined. You know, it was kind of a lot of lights just sort of put up there. They met the requirements, but they didn't really coordinate to where the doors are actually going to end up on the building. So, that's all been done, revised, and submitted here. Um, the parking changed slightly. Um, if you go to the site plan SP1, which is the fifth page on the Yeah. So, when this pro when the project was submitted, the on the covered parking area was not like the the structure of the building wasn't figured out at the time, which is not out of the ordinary. Um, it was sort of designed as if we wouldn't need columns to hold the building up. So once we laid out all of the columns under here, we realized that we needed to lose two spots underneath. We gain those two spots back outside. We still have room to do what we need to do. So we have the same offsets.

Yeah. Okay. Yeah. Um then we have responses to engineering. I don't know if we need you want to go through that. Um Salvation Army. Yeah. Let's go to Salvation Army. a little bit later and uh th this this is as a function of me going and meeting with the folks at Salvation Army to talk about a logistics and what was going to happen. Um we just went over what's going on on their parcel. So I don't know if you can zoom in may not. Yeah. Oh, thank you. Oh shoot. Too much.

You got it. Okay. So, um, a couple things that we were we we agreed to with the Salvation Army to just make this work for them. Um, we'd like to bring this a sidewalk the full length of the building rather than just stopping in the middle. Their food distribution operation operates out of the door on this end of the building. So if we if we didn't put a sidewalk in, people would just be queuing up into the in the parking lot and it just seemed unsafe. So I proposed to them what we added that we are going to put a chain link fence in on the back side of the shed so that this area is enclosed because they use it for daycare outdoor space. We'll add a gate at this location and this location. This is the main entry gate they the location they currently use to get in and out for daycare which comes from across the street. Um we will take the brick walls down that um currently kind of uh corral the main or that side entrance of the Salvation Army. So there's access safe access along the full length of the sidewalk. Um a a bit of an effort is just to offset some of the added costs that now like my meeting went and created for everybody is um there there's some curbing that's not really necessary that's going to create a disruption along the lot line that we wanted to delete. And then there's an existing privacy fence. No one could really tell me exactly who own that fence. It's perfectly fine. It's really new. So, we didn't want to take that down and then it's just another piece of disruption for everyone else as well as just to be honest just costs that we're incurring that I could put towards making the flow of pedestrian traffic

better. Um, yeah, they generate or electrical.

Oh, yeah. We showed this. So, we went through the whole this whole process and and I guess the the electrical transformer didn't come up. So, we met with Central Hudson and located the transformer. We uh in a little peninsula here, we added ballards around it for protection. Um the central Hudson requirements are for metering to be all on the exterior of the buildings now, which is tough when you have meters. Everyone has their own view. So, we did agree with them to put it in a in a room. Um, they want it unlocked. I don't totally agree with that. We're We're working it out. We're talking about traditional sized meter pants. I hope that piece.

Yeah. How big is that? I mean, big like uh you know, it we will need a room as long as this room both sides for that. So, we've I've brought it up. That's from a planning board perspective to to, you know, to review. So may out in the future if you know that that's coming up. That's because each of the units will be metered independent. That's right. Okay.

Yep. They're independently metered. Um we're going through all now the new energy code requirements and the new accessibility code requirements. So um we will be uh providing some pretty efficient you know every project is getting more and more efficient. And then the next thing is just with all of that going on uh I wanted to get ahead and ask for one sixmonth extension. We we certainly want to be um active uh this summer but we're right up against it in June. So, um, we'd like to just play it play it a little bit safe. Well, let's do the the amendment part first, right? We'll do that. Any questions on

No. No. This has all been put through John Shelfies's office and through it. Yeah. Okay. Um, I would basically use the the plan set that that they put all the revisions on. It's the May 13, 2026 revision 8 drawing set. Okay. So, just basically approve the amendments as shown on that drawing set. Does that need to get a signature too policy six? Is that all just attached? Um, yeah, we can do that. That was probably a good idea. Okay.

All right. So, she just said, which isn't much. I'm not sure. We get the seat belt. Um, so we're looking at I don't think we doesn't say anything, does it?

Well, the original. Okay. So the original was an unlisted action and the modifications uh you just have to make the statement that the modifications proposed to not exceed any of thresholds that were established in that review or alter the conditions of the site in a manner is to present any environmental issues. And so uh you just need to make that decision. Okay. But we're this is going to be a type two now. No, it's still an unlisted action. Okay. Okay. So you're just basically amending your previous negative declaration of environmental significance with the modifications as presented. Okay.

And do we need to sign something new to or just have this has to be voted on and no make that amendment. Okay. Yeah. All right. So what Sue has just described? Do I have to read all that? I got it right here. You know, you know, I'm going to repeat what you just said. I didn't know if I had to. So, what she said, right, that's how they do that. So, yeah.

So, anyway, under Seeker, the original project considered an elicit action. The modifications proposed do not exceed any thresholds established or or alter the conditions of the site in such a manner as to present any environmental issues. Nor do they introduce new or different environmental impacts. And therefore, the board should adopt a res a decision to amend the previous negative declaration of environmental significance with the modifications as presented and the project may proceed. So, we've already agreed to that, right? That's and that's going to be made part of the the um the final decision.

Is that your motion? You need a second and vote. So this is for the entire piece of paper right here. This is for that. Correct. Okay. Good. So I'm going to make sure that's good. Go revisit something. So that's a vote that we approve item number. No, no, that for the seeker, you're amending your unlisted negative debt. So that is that entails a roll call vote. Correct. We can do it as a roll call or you can just do it as Okay, I'm going to All right. I'm going to make a motion that we approve that with sent backs with a second. So we don't need a roll call vote. No.

Okay. All in favor? I. Yeah. Okay. Opposed. That's carried. Okay. Now we move on to the B the B. Okay. I thought we were making that part of the whole. Okay. So with with board policy six, you are So you changed it here. Then we make you're going to approve the amendments as have been shown and discussed under the May 15, 2026 revision 8 drawing set. All right. So that is a motion to approve that. All right. I'm making a motion that we do that item number seven. Do we have a second on that? Second by N Gillis. All in favor? I I

I carry. Now we're going to talk about the extension. Sure. You don't want you don't want to hear. You want six months. Um what is what's a year going to cost me? Let's give away. Sure. Yeah. The board is allowed under the code to grant up to two full years of approval. So they can they can give you the full year and then if you need it, you've got it. If you if you have to come back, it's a typical process. You want to go for a year? Yeah, it might be for a year.

B is this in. So it would be the same. Sure. You'd have to be back. Okay. Um I really Any questions on the request for extension right here? Does this need a secret to Thank you.

Okay. Um anyway, I'm going to I'm going to read it to record what we're talking about here. This is item number eight, 615 Broadway and 35 Cedar Street. request for a one-year extension of approved site plan to construct a mixeduse building with ground floor commercial and 70 residential units. Section block and lot is 56.19-3-16 then 56.19-3-42 secret of termination transex own T5MS and T5A ward 4 Baxter Development Company LLC is the applicant city of Clemson and Salvation Army are the owners. Okay. So at this time I'm going to make a motion that we approve item number eight with for a one-year extension. June 16th

which will expire on June 16th of 2027. Okay, that's a motion. Second by Matt Gillis. All in favor? I opposed. Carries. Patrick. Thank you. Thank you very much. I appreciate it. Have a good evening. All right. Next meeting is June 15. Okay. Okay. Sounds are good. Maybe a motion to adjourn. Exactly. Vince Vince has the Somebody else has Vince has the motion to adjourn. Okay. And see, we second on that.

Okay. All in favor? Animide