Planning Board - Regular Meeting

another gentleman there's a bunch of them where on the table if you have anyone okay stacy would you do the roll call please yes fair jones

Here.

Member Roberts. So, Member Farmore. Here. Member Duda. Here. Member Benjamin. Present.

Member Pinson. Here. Dave Gordon, Dave Church, myself, and then Greg will be joining us later with PSU.

Dave Roberts will be here. Just inform me to be late. And Peter is absent. Okay, first project. We're not going to approve the minutes, by the way. They're not ready yet, even though we had it on the agenda. So we'll do it next time. First item is a lot line for John Ruffet. Mr. Ruffet, you want to just sit up here at the table there? So this one is different. It was a lot line that was done back in 2023. actually 2022, 23. And nobody can find either the signed decision, signed map, anything that would evidence the fact this had been done and approved by the planning board. It was approved by the planning board under a different chair. It was actually Lauren's chair at that time, so it goes back quite a bit. And in your... in your agenda, there's a reference to it, and you could find it there. The minutes indicate that it was approved. I think it was unanimously. If you give me a second, I'll find the, if anybody's interested, I'll find the actual date. So it was definitely approved. Just give me a second until I find it.

April 23rd, April 12th, I think. April 12th. Hang on, I got it right here.

20-point meeting minutes of April 12, 2023. So it was approved, but we just have no evidence of it. So when the applicant, Mr. Ruffet, was asking his representative about the maps and asking about where's the approval, et cetera, et cetera, nobody can find it. Town clerk doesn't have it. And then should have had a copy. So in any case, what I decided to do rather than having Mr. Ruffet back and reapply, so on and so forth, I just got a original decision that Lauren and the board at that time had approved. And that's what you have in your agenda documents online. You'll see there an approval document. And there's a paragraph on page two, and stop me if I'm getting ahead of myself or ahead of you. There's a paragraph on page two that references this whole situation. It starts with the planning board finds that this application was originally approved on April 12th, 2023, et cetera, et cetera, et cetera. So what I'd like to simply do to save the applicant time and money And he does live out of the country. So he's here for a couple of days. And that could be part of the problem. He got lost in the woodwork of back and forth. I don't know. But anyway, the paragraph explains what happened. So I'm just asking for the board, if you have any questions, go to the map or we'll try to go to the minutes of 2023. But I'd like the board to approve it. And then I'll sign the maps that had been prepared, but they were just never signed.

in support of the application. I live on this road. I've been on this property. It's a long way. There's a fire exit for the fire department. So there's no issue. Okay.

Anybody else? Alina, you have any?

No, I think I'm good.

Okay. Jen?

What was, did you, I'm sorry, what was the original action?

It was a lot line.

Okay.

Move back. All right. John, anything? Sorry. So it's the standard approval. I will read that one particular paragraph. And then I'll just ask for your approval. The planning board finds that this application was originally approved on April 12, 2023, under a former chair. The board notes that while the original draft decision and official meeting minutes confirmed this approval remain on file, a signed copy of the final decision cannot be located. And as an aside, neither can any Sony maps. Therefore, by vote of the board tonight, July 13, 2026, the planning board hereby recertifies the April 12, 2023 approval within the required timeframe, subject to the final map being updated to include a current revision date and the map note above being physically affixed to the final map prior to the chair's signature. So Mr. Rofe, and I'll give you this copy. All right. I won't sign this, this particular one. I'll sign one and the clerk will have it. The administrative assistant will have it. But you're going to need to deal with your... um surveyor or your engineer i forget her name margaret hillary hill right and she's the one that has to take care of getting these maps after i sign the maps and i'll sign them tomorrow morning or tonight after the meeting's over she has to take those signed maps and take them up to the county get them signed by the county clerk he's gonna do it or you can do it this has been I'm taking care of it. All right. So if you need any instruction on how to do it, I'm around tomorrow. You can call the office. So anyway, I just want to let you know there's a couple of steps here.

I have the deeds ready to go. As soon as you sign the maps, they'll be redated. You know what?

I'll sign it right here when we're finished with the vote and I'll date it. I'll give you a copy. The map I'll do later. It takes a little bit of time making sure that the notes are there. So I'll entertain a motion.

Second.

Second. And then Hans, all in favor?

Aye.

Aye. Aye. It's done.

Appreciate it.

All right. So let me just sign this decision. Today is the 13th. Let me sign another one for... Uh-oh, I have to...

I can just give them one tomorrow. Okay. I'll give you one tomorrow when you get the maps.

I appreciate it. Okay. Thank you, Mr. Orfe.

Okay.

Michael and Bonnie Herzog, are they here? Or is there representatives here?

Yes.

Timothy McCabe?

Right.

Okay. So, There's a map in your pile for this. This is also a lot line and it's a, here's an easy one. If you have the map in front of you, the middle line, you can see the lot line to be removed. Do you see that? And they're reestablishing the line to the left. line to be established. So the long line is being moved to a shorter line off to the left of the map. And other than that, I'll let you guys talk. Tell us what you're doing. And if the board has any questions, then we'll... So you want to just explain?

Sure. We're creating a house lot. We're taking a portion of the whole lot and making a small house lot out of it. and consolidating the remainder area into the other parts, which might also hold. That's basically it.

Is there a house there already?

There's a house on one lot.

Which one, the one up on top?

No, it'd be the bottom one. Oh, I'm sorry. Stonyfield Road.

Okay. And both lots have available road frontage on Stonyfield Road?

No, only the one lot has frontage. The other line has a easement. It goes out to Stony Creek.

So the easement is over Medesky?

Right.

Do we have a copy of that easement?

Only on the map. It's a file map in the county, which we did a few years ago.

Okay. And this is the existing... This is existing, this... This easement is existing? Yes. All right. Does the board have any questions?

I do. I went through application. It says . Sorry.

Sure. While you're doing that, Jen, do you have any questions?

No. So.

It's not said. I'm sorry.

Can I make a comment? This is a bigger comment. The drawing that was uploaded in Community Club, I think it was. Sideways. Yeah. So it was really hard to review this ahead of time. So I'm kind of dusting it.

It was very hard to review it. This is a little clearer.

Yeah. Yeah.

modifications as existing use and facilities and listings that uh story would from valent valent is in tax law 76 4 there's 3.5.2 but in reality it's a part of the law of uh 76 437 nobody describing right now right now right one second comment i have The number is about because we have typos. Set on the plan 76.3 there's 37 it's not correct it should be 76.4 there's three there's seven. Then. The same thing. Listed access easements or tax lots 7633 in favor of tax that 76.3 but should be 76.4.

In the documentation.

In documentation and also on the plan itself. 76.3 should be 76.4.

Mr. McCabe, do you see that? Yeah. All right. So the bottom lot What was the bigger lot now being made into the small lot? You got 76.3. It should be 76.4. Right. All right. And then the top one, you're saying that's correct, but you're saying that it's noted incorrectly someplace else?

It's up on Route 44. All the lots cited there.

Say that again?

They're not in the neighborhood where you're doing it. Right, right, right. All the lot numbers are wrong.

Yes. And also 21 actually on county 76, 3.21 on the county viewer is 210. And 76.4-3-5, 2 is 200. So I don't know how it could be significant.

I think that I see 76.4-30 on that.

John, your viewer is saying, Dave is saying that these dots aren't even, yeah, aren't fine.

Like the index map's correct, isn't it? Sorry? The index map also does the comments. The portions that are crossed from Stony Q Road has to be shaded there. It's not.

Oh, yeah.

I think he's just got to get the map, the lot. Sections like the lot number straightened out. That's it.

So you're saying that.

They're a little garbled. Off of 4455, not all that's going to go. Yeah.

I don't know. I'm sorry. In 76.

76.3 is up on the ridge.

Okay, so that one we know is wrong. That's supposed to be 76.4.

All the lots that start with 76.3 are on the ridge, right.

76.4. They say 76.4. Oh, that one.

This one. This one is correct.

This one's right.

This one is incorrect. And then in the documents, they're saying in the documentation. In the application. and the agenda's got them all 76 3. okay so mr mccabe there's an error on the map it appears as though this will easily fix it yeah yeah it appears we'll fix it okay and then take a look at your application as well and see if it's correct in the application The boxes that you have the general note box that you have on the left hand side there. That's correct. It's just the actual numbers on the zoning app is right. Sony app is right.

I think it's just that 1 spot.

So I think it's just this map in location plans for location plan is correct. Except the portion that across from.

Yes, except it doesn't show that, please.

It doesn't show any of those.

So just reassure, let me make sure. The three has to be changed to a four. Right. What you're saying, everything else is correct, with the exception of also the application.

Right.

Okay.

Well, also, I don't know, 21, if you go to count of yours, it's 210. And... But what I define like 76.4, there's three, there's 5.2 is actually 0.200. And in the- Okay, so you got some work to do to clean them up.

The county usually drops the zeros, but we'll put them on there.

The 5.2, you're saying it should be 2.0 or 2.200. Right. That's what, you don't need the zeros there, but okay.

Here it's fine. We can put them on there. No problem. Okay.

Yeah.

So let's fix the balance. All right. And then go back to comments. Could the comments be written? Email to me.

Yes. I have a question.

Sure.

It's there's a remnant here where the lot line is to be removed. It's a little curly cube. What is, is that a circular drive with?

That's gravel. That's like the gravel.

But it comes down, and then there's just this dashed little line. This is where they're at.

Elena, can you hold the map up instead?

Right there.

So the question is, is it like a gravel or whatever? It looks like it's a remnant or something.

It's very confusing. No, it's confusing.

Are you saying this area right here?

Yeah, that little curlicue.

Yeah, I don't know what it is.

And I'm asking, what is it?

It's a clear area where my firewood is stored.

Okay, well, you can label it or remove it. I didn't know if it was part of the driveway or a remnant of a turnaround or... We'll add that on. It's very minor, but it just didn't make sense.

So, Mr. McKay, what are you asking us for? You want something from us indicating what we believe is wrong?

Right.

Okay.

Just email me the comments that we need to correct.

Okay. Well, you need to do some checking, too. We may miss something. This is your map, not our map.

Yeah, we'll do another check. All right.

So, once you get this redone and redelivered to Stacy, we'll get you back on the agenda.

Yes.

Okay. The next agenda, the earliest, would be Probably early August. Our next meeting is July 27th, but that's reserved for, we already have projects for that. August 10th. All right. Very good. August 10th. August 10th. All right. Thank you. Thank you. Elaine Bell for Juro Ogochi.

Yep.

Okay, so this one was here at the last meeting, right? There was no problem with the lot line and what you have is a decision.

It's in your agenda.

Um,

Do anybody have any final comments on any of the map? All right, so we need to correct in the zone.

Yes.

We should have had the collection.

It's R2.

Instead of R3? Yeah, correct.

Okay.

Stacey, did you see that?

Yeah, I already got it out there.

All right, so... I'm just going to read the... It's been here before. This is a lifeline change. It's moving. It's including a parcel that used to belong to the town of Rochester, including it in the parcel owned by Mr. Okoshi. And there's letters on file from the town indicating that... If they approve this at one of their meetings at some point in the past. So we have all the legal documentation about the transfer of the property and the town of varying the property and selling it to Mr. Agoshi. So this is just the formalization of eliminating that line. And so the map, did we get the note or was the note there?

I think that was that.

The note is there. Okay. So I just need an approval of this certification of a one-line elimination. Can I have a motion? I'll make a motion. Hans makes the motion. Seconded. Alina makes the second. All in favor?

Aye.

Okay. So... i for the chair so this is approved what you're going to need to do i'll sign the maps and i'll sign the decision and then um in order to get this finalized something needs to get it's outlined here in the decision what you have to do but it's got to go to the county get the county stamp on it and copies have to come back to us so it's not approved until all the paperwork is done And Stacey will get you the signed approval and then outlines all the paperwork that has to be done. All right. I'll sign this.

Okay.

Thank you. Thanks. Moving right along. We're not getting out early tonight, so don't... No, no, you might. Sounds like we're going quick. We have a lot to do. Don't destroy hope. The next one is O'Donnell. Bill, that's yours. Yep. You want to explain to us what's going on?

Yeah, so this is up in this apartment. I thought Baker Road... A subdivision that's all in a private world. There's something done back in the 80s.

And O'Donnell has a house on one of the lots in the subdivision. He's purchased two other lots of land.

And he just wishes at this point to merge them all into one parkland.

So he's merging three lots together.

Does anybody have any questions about this one? I have no comments. It's cut and dry. Dave, could you do a decision for this? Let's put it back on the agenda for August 10th. I don't want to cut anybody off. Helena?

Just one minute. Is there a road maintenance agreement here? with this private rose and we see this portion yeah there's a declaration of maintenance and it's under the deed references there okay one so through the fourth one down by just by consolidating into one lot does that get any change in the growth agreement it's inconsequential to the board I think but it's just something

I don't know the details of the agreement as far as whether, based on the number of lots they have or anything like that, but their financial agreement is.

We've gone the other way, where let's say you have the parcel and then you're dividing it, then you would have to go back and look at the road maintenance agreement. So my question is, by consolidating, does one have to revisit that agreement? But it is not a subject matter. I think of our approval.

That's a good touch. Probably means that the distribution of the maintenance fees for the private road will change.

Yeah. But I mean, it's just something that caught.

We frequently use the term a private matter. Correct. As opposed to if they were re-subdividing, then we would need the approval of the I feel so that we're easy on you tonight.

It's gonna be a day you'll get this very close to do you have any questions? No. Is that happens? Yes. All right. All right. Thank you. Okay, then we have two projects to talk about if you want to

we have two projects projects to talk about oh just so if i need something else to do not tonight but other things i think you want to invite me to say i don't want to talk about tonight so yeah i need to talk in the next couple of days yeah sure thing thank you right good are you solo tonight or do you have well i'm uh

consultant lists, if that's what you mean. So, but I have my tenants carry it out of the fire zone with me and I'll do my best to execute on behalf of the engineer and architect.

So here's what I'd like to do today. Just so we didn't have a chance to talk. I just didn't have, usually would have talked to you ahead of time. I'd just like you to make a quick, as quick as possible presentation to give the board an idea of what we have here. Right. And then what we do after that, I'll be asking our planner to go through the whole project and give us an analysis of the whole thing. What kind, how should it be treated in secret? What items we need, additional items do we need from you? The board may mention a few items tonight, but it won't be all inclusive. So we look to our planner to do that. And we probably won't be able to get it back on the agenda until later in August, question mark. And at that time, we'll give you an idea what other items you need. But if you want to start with your presentation, the board may have, I would ask the board to make general comments, but let's, in the interest of time, we'll let Dave go through the details and provide those to us for the next meeting. So we're all yours. Are you familiar with this? Yes, really. Yes. Okay. Where shall I? That looks good. Thank you. If you want to, right there in the corner is good. Can everybody see it from there? I know the public can't, but if the public wants to see, just move around, get another seat.

Why don't we give it to where Peter is?

We can do that. You want to bring it up here?

I'm really fine. I'm having fun with this. I'm really having fun with Peter.

No Peter, huh?

No Peter.

Our department's a little busy these days, I heard. Especially when you have to cross. No, it's my road.

And no pissing on the pelican.

I'll excuse him for all of these. So does everybody have a copy of everything.

So we have all your maps, we have all the losses.

I know you have a big agenda. So I'll try to keep it as possible. So I'm going to run hockey. I'm the owner and project manager of 11 so path road, which is we sure you've all seen it. We could walk right outside. It's right there. So I'm here seeking site plan approval for the adaptive reuse of the commercial building on the property, which is set vacant, decomposing for quite some time. Some of you remember it as Diane's Cat Shelter. Others know it as the Old Laundromat, more recently Atlantic Granite and Marble. Our hope is to breathe new life and health into the old building with martial arts, yoga, and other movement-centric programs. I'll introduce my tenants shortly after them carry firestone they'll expound on their vision for the dojo. The decision was made early on to save and honor the building and work with as much existing fabric as possible and stay within existing footprint, despite added costs and stress. From the onset of this project, we were determined to apply sustainable building practices whenever possible, and if it could be reused, repurposed, donated, or saved in place. I'm proud of that fact. I worked with the building department to update every system in the building, bring it to code, new insulated floor system, New building, I'm sorry, new plumbing and energy efficient HVAC and water heater, new electric, insulated glass, high performance insulation, reclaimed siding, gutters, drainage, and much more. The work done thus far converted a collapsing building into a standard of efficiency while preserving the envelope of the original structure. Along with my architect, civil engineer, landscape architect, lighting designer, we've come up with a thoughtful site plan for proposed use, which we feel fits well in a downtown corridor. So we've prepared engineer site plan, parking plan, landscape plan, architectural plans and renderings, lighting plan, lighting package, and assignment plan. And I assume everyone. So we are proposing a martial arts studio which falls under the B business occupancy, pursuant to section 304.1 of the building code of the state of New York. It should be noted that group B occupancy parking driveway. So currently, I'm sure you're all familiar with there's a 60 foot curb cut. So we're proposing a clearly defined entrance of a gravel parking lot. We will install a 15 foot paved apron if we are required to do so. Group B business occupancy section 304.1 in town of Rochester code 140-17 requires one spot for 175 square legal floor space. Based on the proposed use for the building, we would like to ask for nine by 18 parking spaces instead of 10 by 20. Exclusive of storage, utility, and new interior wall thickness, we have a net total of 2,729 square feet, which would require us to provide 16 parking spaces. We are proposing 27, two of which are ADA compliant. So 21 here, and then there's an additional six here, which will be reserved for employee and overflow parking. We have room to expand the parking lot if we need to, but we want to avoid a strip mall experience, so trying to keep it as contained as possible. With classes lasting 60 to 90 minutes and an expected attendance of 15 patrons per class, there's a low turnover rate with little expected impact on traffic. We created perimeter drains and added all new gutters, but everything runs into the town storm drains. So for landscaping, we plan to improve and soften the current site conditions with strategic planting of trees, shrubs, and grasses. These plantings will help screen the parking area from the road while defining the parking area and provide much needed on-site shade. Here on the landscape concept plan, we're showing 30 to 40 foot maple and oaks in the back, groupings of 15 to 20 foot ornamental trees on the sides, like dogwood, redwood, juniper, and laurel, And also along the sides here towards the front of the building, various heights of scattered ornamental shrubs like dwarf dogwood and winterberry, all of which are native species. For lighting, the parking lot lights will be using fully shielded fixtures to deflect light downward and away from the street and nearby properties. At the front of the building, we'll provide wayfinding landscape lighting as well as fully shielded wall-mounted sconces at each entrance. All lighting will be dark spec compliant. Our goal is to create the appropriate amount of light for the town's code without creating glare. Specs for all the lighting can be found in the lighting package provided. I'm not going to walk you through which every one of those is. You have them in your place. I wrote it all down here for you. You're pretty good. Signage, we're proposing a single five foot by five foot double-sided sign perpendicular to the street, located right here at the southwest corner of the entrance. Again, we'll be using a picture light, which is fully shielded, mounted on both sides of the sign. I believe you have a rendering. So the extensive rehabilitation of this long vacant building will be of tremendous benefit to the town. from its improved appearance, much-needed programming for kids and adults, job creation, and increasing the town's tax base. We feel this proposal is compatible for the surrounding neighborhood and satisfies the objectives of the zoning code and site plan requirements. My hope is that the proposed adaptive reuse of this building helps to protect our farmland and natural ecosystems by encouraging business and development in the downtown corridor and mitigating outward sprawl, preserving our rural identity for generations to come. That's it for me for now, so I'm going to introduce my wonderful tenants and friends, Ezra and Kerry Fires.

Can we come up here?

Absolutely. Wherever you want. Or over there, whatever. Wherever you're comfortable.

Great. Hi, everyone. Thanks for listening to our proposal. My name is Ezra. This is Kerry. We bought land in Accord in 2017, and we moved into 2020. And we've been raising our kids here. We love this community. So thank you for what you're doing. We are proposing putting in a martial arts and yoga and Pilates movement studio. And our tagline is movement for a happy life. Because we think you feel better when you move. You are better when you move. And so, you know, for me, I started judo at the age of four. And I did martial arts my whole life. And it was a really wonderful experience. impact on, had a really wonderful impact on me from teaching me integrity and honor and respect and how to navigate using my body in the world. And I still pray. It's carried me through my whole life. It's been a really beautiful thing. And we want that for our children. And we want that for the children and adults in our community.

And I grew up dancing. And so movement was a really big, important part of my life, still is. And we want that for our kids. We want them to grow up having a strong physical practice so that they're strong in their bodies. And they also learn discipline and honor and respect and all of these wonderful character building values.

Yeah, we want you guys to come too. Good for everybody. So come to class. You want to talk about the different program? Sure.

Yeah. So the whole thing is called the Dojo Accord. And it has two separate programs. Fire and Stone Academy is our martial arts centric programming. So it has martial arts programming for kids through adults. Our youngest kids will be four years old and then it goes up from there. And we will have classes for kids, classes for adults, women's self-defense classes. We will also have some parent-child programming, so ways to create space for young families to connect. We have a big padded room, so moms with babies and toddlers can bring their kids with them, run around and throw balls and do all that in a safe environment while parents get a moment to relax and connect. So that's Fire and Stone. And then the other part of the dojo is River and Sky Studios. And so that's the yoga, dance, Pilates side of things. And we're going to focus on putting programming in that side that parents could enjoy while their kids are taking martial arts classes on the other side. So the building is going to have the one side that's like the padded martial arts room, and then the other side that's more of a traditional That's your yoga studio with the wood floor and yours.

Yeah. And so, you know, we expect to run two to five classes per day on Fire and Stone Martial Arts Academy, two to four classes per day at River and Sky, you know, 10 to 15 people in a class and all of the programming will take place indoors. So, hey, you know, kids might scream during class, but you won't be able to hear it outside. Some people will be running around having a good time, but the noise will be contained in the building. We might have like a open house where maybe we have a picnic outside one day. We're not going to be programming classes outside.

That would be very much like accessory, not our primary.

Yes. The kids' classes won't have music. The adult classes will have music at a moderate volume. Again, you won't hear it from outside. We will have two employees, these two lovely men over here who actually live across the street, Adam and Chris. And so we're happy that they're here.

And we will hold classes weekdays in the mornings, afternoons, and early evenings, and weekends in the mornings and afternoons.

Yeah. We think it's going to be awesome, you guys. And also, it's going to be really beautiful inside. We're building this whole mural. You should come check it out. But we would love to have all of you in any one of our classes. And hooray.

I have one comment. With my short time on the planning board, we hear a lot how there's nothing for kids to do when at work. It's skate time, basically. I applaud you. It seems like your emphasis in front of us is for children and to get kids. It's an activity for children to do.

We intend to have homeschool program hours We intend to have after-school hours. We intend for this to be a third space for the community because there's not a lot of that up here. And frankly, we would like to bring our kid here rather than driving to Kingston or New Paltz.

We have a two-year-old, almost two-year-old little boy. And so this is all in advance of getting him into judo when he's four years old.

But there will be Pilates along with yoga. Yeah, with mat Pilates. Yeah, that's fine.

So, Holly, you don't have to drive to New Paltz anymore for Pilates, huh?

Go to Gardner. I'm super excited about this, because not only do I do yoga and Pilates, but I also am excited about that you kind of really kind of revitalized Elba. Because it's really, it was townside, it was like... To be fair, all credit to Ren Haki.

And I think it's going to augment the projects across the street as well.

It's a logical connection. I think it's exciting. What I saw, it's beautifully done, so... Thank you. It's great stuff.

We're very excited about our mural inside. We want to show it. We want to show it. We'll do a section.

Specific questions from the board on either what the gentleman and his wife are doing or what Ren presented?

Yeah, I have in my mind right now, do we need to get some kind of permit from the health department? Yeah.

I had a preliminary conversation.

You're working on it. I'm sorry? You're working on it.

Yeah, we're working on it. We have a building permit, the Indian Board of Health. I've had preliminary conversations with them, and they kind of suggested that once we were occupied, that they would then weigh in on what they needed from us. But obviously, we would comply. No, no, I understand. Yeah. Okay.

I'm going to reserve any other comments at all. Okay.

Do any of you have any questions for us at this point? No, thank you all. That's all. We have two major things that will be happening that I'm going to ask this Dave Churchill planner. Sure. He'll do a whole review. He may call you with questions. And then on the guy that's on the screen right there. No, he's not sleeping. That's our engineer, Greg Ballner. I know Greg. Greg is going to start going through the material that you presented us with and create a report on engineering concerns of one sort or another. We'll have both of those at work sometime and I'll talk to you and I'll

a week or two about when we can get you back on nature i have some other supplemental stuff i might send your way since you're mentioned word seeker uh i have a phase two that was done completed already so i've been saying that okay well i was going to ask about that but i was going to wait so you've done that was doing to us by dennis doyle at the county when i bought the property

Okay. All right. There was, I didn't have one coming. It's not like urgent, just we'll revise the plans and maybe it's in here because I think what we have in the cloud might not be all of this, but if you could include a drawing that shows the existing condition. So I didn't see that in the line. I think there was only one in the line. The existing condition with a pre-build. So like what you started with versus what are you going to go?

Renderings or?

No, just the site. of the existing state. Yeah.

Well, it's in the survey. I mean, you mean the survey or?

Maybe it's in here and I just.

There is somewhere it's existing.

It was in there? Yeah. Okay.

Well, there's my architectural plans that has existing and proposed. And then you're looking for a site plan, but I have a survey that should be in there.

It's just helpful when you're doing the review so you can see what you started with and where you go.

Sure. Can I add your narrative? Can you just add the occupancy detail and employees and how many customers there are? So we can know.

I think that's not a narrative that was submitted.

Yeah. It doesn't have that. So we know better parking lots. Is that overkill to what you have or maybe it's not enough? Sure. Yeah. I believe it is. And there is no square footage, by the way, when I get your plan. I guess I have to . Is it possible to put square footage, short as a reference? Yeah.

So Ren, from your part, you mentioned a waiver. You needed a waiver for the size of the parking spot. Yeah, so you need to start working on those things, letters to us asking for those waivers. A suggestion on the parking waiver, you actually are putting in more parking than required. What I suggest you consider, this is a town of a lot of trucks. Nine by 18 gets a little dicey with trucks. So you may want to have a section for trucks only, a little bit bigger, 10 by 20, which is the code. The board is usually receptive to smaller spots.

Yeah, you can identify compact car parking. You know, have a section with the nine compact cars.

So that was the thing that occurred to me. You may not want a wall nine by 18. Right. Did you talk to the highway department about the curb cut? Did you get that approved?

No, not yet.

All right. So you need to start working on that.

Yeah.

All right. We'll eventually... need something from the fire department, you might as well start on that. Get to the fire department. They're going to want to see your diagrams. They're going to want to know how trucks are coming in. They may have some comments on where you have the parking, where you shouldn't have the parking, that sort of thing. So on those, if you get started on that, it'll save you a lot of time. Sure.

All right?

Sorry?

The waiver for the parking space is in an unusual place for this. You want them to get started on it? You have to put a waiver in writing.

Yeah, I wanted to get started.

They don't just give it. You have to ask for it in writing. Okay. There's an adaptive reuse section.

Okay. Who asked the question?

It's 140. I could send this to you, but it's 140-10B10. It's 140-10B10. It grants this board to give waivers on area issues like the size of a parking lot space because you're adaptively using an existing building.

I had done some work through the town board when we got the waiver.

Oh, because you did that in, what was it called? The special zoning district. The granary. The economic development overlay thing, right?

A lot of the things you did with the town board was because it was a special overlay, but everything is going to be done by this planning board. So Dave's point is get started on asking for the waiver.

You can put it in whenever you want. It's just a simple request that I could also explain what you want, what you're going to do and why it's justified.

So my, my thinking was that to provide extra parking, that was the platform that farmed that quite a bit.

Probably one of the Subarus in the area, right? Quite a bit. I suppose so.

Well, there's a lot of Subarus, but there's also a lot of trucks, so.

They have trucks and Subarus. Sounds like country western song.

So anyway, it's up to you how you handle that, but it might be.

We've got an alternate part of the plan, which indicates 10 by 20.

Yeah, I think the idea to have like a compact, what Helena mentioned, a compact site is actually a good one.

Anything else that comes to mind for the board?

I'm just saying, the code enforcement officer isn't doing the memos anymore. Is that true? Right. So they're not telling us what the use is. Yeah.

They gave us an application. They gave us a zoning application.

I just looked at it. We don't know.

I'm assuming it's... Is it in the zoning application?

No, nowhere in any of these, the way they do it now, do they actually tell you... Because the use definition goes to what standards of... We don't get a use definition. This is not for you guys. They need to find a way to tell us what the use is. Am I editorializing? No, you're right.

I got into a fight with you about this last time. I apologize for that. I understand where you're coming from now.

You don't know what part? You don't know what landscapes.

Well, I guess the two choices we could make is to write the bill to the CEO and ask them to give us more information. Or if you think it's a fairly, the decision is relatively clear cut, we can just make it, I suppose. We don't have to make so many determinations, but as long as, you know, if it's easy and if it's not too controversial, I guess we can.

I'm assuming he told you it's retail and services banishment.

So what I've been quoting was 304.1 of the building code, state of New York. Okay. So I have a copy somewhere.

What use do they call it?

I'm going to give you two seconds.

It's not a big deal. What are the two choices? I think if you ask me to designate it, I'd call it retail and service. What's the best choice?

That's all we're going to do. Stacey, we got it all settled. You don't have to worry. You sure? Stacey's going to talk to the building department and we'll get a use definition from them.

Okay. I would suggest their form and a use category.

That's another thing. If we can just edit the zoning app for them to have a spot to add the use of it.

Okay. Can I just quickly jump in? Go ahead. I just took a note from my architect who couldn't be here. So business group B, the reason would be specific. And I have copies of it for everybody. It's a note to me from my architect that I printed up. It's on his letterhead and stamped.

Would you send that to us?

Yeah. Well, I have physical copies. Can I get them out?

Which is, if I should mention, the same occupancy rating

I think that what triggered us coming before you was the fact that the building was vacant for as long as it was. Otherwise, it wouldn't have been a change of use at all. Because occupancy B, the business is the same as the same business as it would have.

Okay. Okay. And the waiver request is just a blender.

Sure.

Okay. No format. Okay.

But would you like to see that from the engineer or from me? What do you want?

Whoever. Okay. Whoever you trust to put it to, if you could do it fine, if your engineer can do it fine.

Sure.

Okay. So Dave, sometime in August, would you have a write-up?

Just was looking quick. Uh, Your new code says new construction is supposed to be referred to the Historic Preservation Committee.

Because it's in the district.

Is this new construction? I would argue against that, to be honest. Let's not make it complicated.

For terms undefined, you're going to.

Well, it's not new construction. It's an adaptive use of an existing.

By the time they've come to us, it's already constructed. We can't.

I got no skin in this game. Right.

But I understand what you're saying. But we went down that route. Then what? Tear it down or change it?

I mean, by the way, the committee's been a pleasure to work with.

You know what? The building department knows the rules around the different historic districts. If they didn't choose to send it to them, then I'd assume they were okay with it. And or maybe even talked with them, and they said it's not necessary. But let's, Stacey, could we send a note to them asking them why it didn't go, or did it go to the historic society?

I don't know.

All right.

I have one more thing. Sure. Do we need to vote on Desk Row?

Sorry, again?

Do we need to vote on Desk Row?

I think I forgot a little about that. Thanks, Jeff. I was hoping you'd forget about it. Now we're talking money. We need escrow in order to pay Dave and our engineer for whatever work takes place. So it doesn't look like this is going to be, I don't know, but huge. So I'm going to suggest $2,500. Okay. All right, so I need a motion from the board.

I motion to accept the escrow at $2,500. I second that motion.

Second. All in favor?

Aye.

Who does it get made out of? And you can bring it in to Stacy.

I think he's giving it to you, right?

You're writing checks?

I knew you were prepared.

Make it out to the town of Rochester, $2,500.

Some experience here. And we'll get your receipt.

Just pay and pay.

Stacey will send you a receipt.

It's like an ex-wife.

All right. Anything else?

Yeah. Who did the motion and second?

I did. She did the motion. I did the second.

Colleen did the motion. Thanks. And it was five to zero. Five to zero. Five to two, I think. Why else? I think that's it. So, Ren... We'll talk in a week or two, and I'll give you a date when we believe it'll be late August or the first meeting of September, one way or the other. No earlier? No.

When is your proposed opening date?

As soon as you guys get us the thumbs up. I mean, we're close.

I mean, I'll have a... We'll try to get it on the agenda as soon as we can, but it's pretty tight. Does this go to Ulster County? David?

I'm assuming no, but I'm asking just because I want to.

What's this road here? It's a town road.

I think no, right? They only meet once a month, so it'd be good to know what's going on.

I think we're going to have to pass on that until Dave does some research.

With tobacco and tobacco. Those are all town roads.

I don't think so. Okay.

Okay, that's good.

Okay.

All right.

Thanks, you guys. Thank you. Thank you, guys. Thanks for getting us on here. I know it was tight. Thank you.

Thank you. Thanks.

Sounds like a great project.

Thank you.

I would prefer not having to drive to Gardner. Or I could do Gardner and. Our attorney should take note. Lobby's is the best thing for your back.

Oh, yeah. I don't think we need to try and plug this away. I need to try and plug. Do you want me to leave it for you? No, no. Sure. Thanks. No gifts. Okay. Next item on the agenda is Anthony Kowalczyk. And Mr. Kowalczyk is being represented by?

Gary Wilson, the field company. Okay. I also have a porch ladder set up.

Sure. Why don't you do the same spot?

Okay.

and it was garrett what was someone yes gareth wilson thank you um so great i'm going to get a write-up on that previous project okay no i can't hear you are you muted yes i was muted sorry that's not a problem i i heard that and i will get a write-up on that

Give that back to Peter.

Can you hear me now? Oh, we can hear you now. Okay. I did get that I need to do a write-up on that last application and I will get that taken care of.

Okay. Thanks, Greg. Okay. Dr. Garrett, why don't you Tell us who you are, what you're proposing. Sure. What's going on?

Well, thank you for your time. My name is Gareth Wilson. I'm a project manager at Bialik Companies in Meriden, Connecticut. The project for you tonight is not as exciting as the previous, but hopefully still very useful. We're coming for you tonight for 5026-209. It's existing 4.6 acre lot that we're proposing to subdivide. I understand it was previously subdivided about three years ago. and therefore by subdividing again becomes a major subdivision of the regulations. That subdivision is driven by creating a two acre parcel here at the front, lot number one, for a 9,100 square foot retail building. So we have the building situated here in the middle with parking in the front, parking along the side. There's 37 spaces in total plus two ADA death center with access to the top of the building. We have the curb cut along the State Route 209 here. We are in the floodplain, so we're going to buy capacity storage in the front set-up here. So there'll be a depression there to compensate for any storage volume we occupy by creating this new curb cut that we drive on. The site will be on septic. We did septic testing earlier this year, just the end of winter, and they were monitored by the health department. We're proposing to put a septic system underground, really just behind the parking area. Sorry, my fault.

It's okay. Just show me where the septic is.

The septic here, we got good testing in this area. Stormwater will be detained underground in this front parking lot area, and it's discharging to the front where most of the water currently discharges to. The treetail, it's major subdivision. questions if I were to bring some architectural examples of what we're proposing. So I have two of them. I'm not too sure if they were shared with. No, that's fine. They will leave them coming. So we've got the first option here of a more clean, white-greyed inside. Pretty, pretty. We've got a cupola on top. Or... a more brick-based facade front with a little more dizzy, a little more stuff go on the front top along here. So really just discussion points for yourselves. I just want to ask for what type of architectural style, direction that commission felt best suited here.

Well, along that line, what are the uses? Edge retail.

It's a dollar general.

Oh, thank you. Yeah, because it was nothing. That does not.

It's a dollar general. Retail dollar general is still not. Probably fixed, but that is, but that is okay. All right. It's the worst kind of secret, but that's okay.

But that makes. That makes sense.

So. It's between you guys and dollar general, but. They are or they aren't. And I was told it's Dollar General coming.

It's all but done, you could say. Yeah.

So you asked about the architectural style. Make it as un-Dollar General looking as possible. Right, Dollar General. Un-Dollar. Un-Dollar.

Un-Dollar. Like, for instance, yeah. This is a, I can't remember where this example is from, but they have done a lot more in the traditional styles. Yes. Yes.

I mean, I would make it as, there's one in Kevolson, and I would make it as liberal as this ugliness and disgusting building in Kevolson.

Correct me if I'm wrong.

Avon?

They're in Avon, Connecticut? Yes. Anthony Bertando and Sons Concrete Precast is in that area. And I was really impressed driving through how they handled their, like, Dollar Generals, etc. It's beautiful. It's actually with a lot of trees. a very New England motif. And when I saw this, this was 25 years ago. Okay. So they were ahead of the curve. Okay. So just mentioning, you know, we'd like to stay away from the concrete masonry CMU block Dollar General. Yeah, gotcha.

I have a good point about the landscaping. You saw the previous gentleman with the landscaping that he did over here. And I mean, that sold me what it was doing in terms of landscaping. So Dollar General is not particularly known for landscaping.

Correct.

This would be a nice switch.

Switch. Yeah, we've got a few landscaping areas really focused on the front. We do have like a longer entrance than the typical wood to build Dollar General. So the idea is we've backed up these areas here. There's nothing along the building, just along the sides, plus just a little visibility for the...

So if I need to look at our code, there's a whole landscaping section. Yes. And... Not all of it. Some of it needs to be changed. But take a look at it. It gives you what's necessary. And then we can talk about some of the, what I would call, anomalies in the code in terms of the size of the trees that they mentioned there. But there's a whole section in what we need. So the parking lot needs to be broken up with landscaping. I forget how many spots. X number of spots needs to be broken up by landscaping. So take a look at that part of the code. I don't know at the top of my head the number, but.

Are you saying something about the size of the trees?

So it talks about the girth of the trees, of the trees being put in at four feet from what's called breast height. It's like six inches.

That's tight.

Yeah, it's like, it's too big. So we would never, it shouldn't have been what they put in there. So we'll work around it.

But do understand that basically, this is the gateway into the Hamlet of accord, which has a lot of historical significance. You saw what Mr hockey had up there. I don't know. You're privy. You should look at the plans for the granary. You know, things are changing pretty, I don't say rapidly in our town, but.

i think dollar general should go a little over and above in their landscaping and to blend and since this is new construction you heard our plan to say that this is going to have to go to a historical commission for them to weigh in on it oh is it okay so i didn't raise her in the district we have a historic week if it's not in the historical district it's it's close by it so we're going to need to refer to our feet right i i

Code says within 500 feet.

Okay.

I also. It's not.

It's not? Yeah.

I also think a traffic study is needed. It's a very sensitive area. Not the safest area. Yeah, I think.

Because it's so close to the bridge.

Yeah, and where the visibility is not great there, especially if you come from the upper side.

Great, great. Good call on that. Excellent. What is going to be in the back lot? And I know there's no access to the back lot depicted on the plan that I'm looking at.

No, it's just showing the 53rd sort of flag, the flag on the rear lot. I haven't seen any.

Helena, in the big map that you have there, there's on the left-hand side, there's a 50-foot right of way. Is that 50 feet? Yes. Okay. Okay. I wasn't sure of that one. There's a 50-foot right of way that goes to the back?

Mm-hmm. Okay. Thank you.

So we'd like some idea what Mr. Kowalczyk intends to do with that. Is that going to be residential?

I don't know if there's any positive moments for that. It's still in a business one area.

So as some of the things we'll tell you, we'll document it. Again, I'll plan and we'll Do a whole write-up. Thank you. You just informed me that we don't need to send this to historical commission because it's not within 500 feet of it. But we'll check that to make sure. The same thing you heard us talk about in terms of parking spaces. I think you had 37.

37, yeah.

Are you asking for any kind of waiver of the size?

No. I need to go back and double check.

It's 37. It seems like an awful lot.

It is. If we could reduce, if you're open to that, we'd certainly ask for a waiver to reduce. Dollar General typically want 20, 21 spaces.

So when this project was in to us two or three years ago, it was totally different. They had it horizontal to the road instead of vertical to the road. And we did mention to them there were too many parking spots for the spot, particularly given... all the rain, the slope of it, and where you're going to put the rainwater, the drainage and all that. So if you want to come to us and just suggest fewer spots of a smaller size, the board might be receptive to that.

Certainly. That makes it easier to add in landscaping appropriately.

Exactly. So we would be receptive to that, but we need for you to tell us. Once you see the landscaping requirements, you're probably going to want to do that.

Yeah, absolutely.

Hey, Greg. Greg, can you hear me? Yes. Okay. So there's going to be a retention pond. I was going to say a detention pond, but a retention pond in the front. So we're going to need for you to look at this one also.

Okay.

In order to make sure that it's engineered properly to get the excess water to where it's got to go. And then the issue is, well, it goes there, then how does it drain out of there and where is that going to go?

Landscaping of that.

Yeah. One point of clarification. The basin we're posing in the front is for flood storage. So we're slightly within the floodplain, the 100-year floodplain. So by creating that driveway, we're area, you know, raising like a foot and a half, but that occupies flood water. So we need to compensate for that. So we're going to put that there and we're hoping to put the stormwater underground in the parking area itself. So it's just a little nuance. an actual business purpose invention.

So I'm no engineer, but Greg, if you could have a discussion. My understanding is wherever the water is going now and however much is going wherever it's going, some is seeping into the ground, some is going someplace. Whatever you do, you can't increase the volume of the water. So you and Greg need to talk about how you're going to make that happen. Did I get that right, Greg? Yes, you did.

Did we ask for DOT? We're going to need DOT approval.

We need DOT approval before we're back for final decision.

Yeah, because the DOT, well, not necessarily before you come back. I'm not sure when you'll be able to come back after we give you all the things that you have to do, a lot of which you won't get until the engineer and Dave give them to you. But the DOT... is not necessarily the quickest agency because they're swamped. So the sooner you can get to them with your plans and find out what you're going to need, they're going to tell you whether or not that in and out that you've drawn works for them. If it doesn't work for them, you may have to change the whole concept, including, I have no idea, including that 50 foot right of way to go into the back there.

have a question so they may say you need two engines uh an exit a separate exit and a separate entrance i don't know that's up to them so you got to get to them has dot ever asked an applicant to provide uh traffic estimates or anything when they give these for cups i don't know oh sure yeah so there that goes hand in hand with what hans said about any traffic study

I mean, when we did Akward Social.

We did a traffic study.

Yeah, they had to do a traffic. Thank you.

And that's much less traffic.

Yeah, I think so, yeah.

Akward Social was another project for the North on the property, on the 209. But we asked them for traffic study. And I think this one is going to be necessary because it's the site distance.

And it's next to a pre-existing business.

Right. But a lot of it depends upon where the DOT tells you where the in and the out is going to be. So some of these things are going to be sequential. Some of them you could do at the same time. But I would get to the DOT first before you do a traffic study. But we're going to ask for a traffic study. That's cool. Hang on.

Thanks.

Over here.

I'll reserve. Could you please landscape it in color? Yes, we can certainly do that.

See if you can use a lot of the landscaping code talks about using a lot of native plants. So there'll be a lot of plants that people have come to us before. We just tell them, no, they're not native. So you might as well just give us the native stuff. You can talk to Ren about what he's using. He's using all natives.

I'll have a look at that. Rick, I'm just wondering, do we need to know expected water consumption?

So we do have water data on that there. It's fairly low. It's got one restroom, maximum one restroom, maximum three employees. I think it's got... But John, there's plus it. It's very low lawyer usage.

They're going to need to get a permit from the Department of Health.

And is this going to be for protection?

Yes.

I don't remember what the, I don't recall what the requirements are for businesses. I agree. I think it's tough.

A thousand? I think it's more than a thousand.

Yes.

Balance per day.

Balance per day. Okay, thank you. I don't think, the only other thing I don't think came up His lighting? Did we talk about lighting? No, we did not. But that'll be something. Yes.

We'll be able to provide dark stuff by lighting.

Are you going to plan to have a sign?

Yes, there'll be a sign on the facade of the building and then in this area in the front.

That has to be a code. Yes.

And given the way the road twists and turns and whatever winds up with the egress and ingress on 209, the sign may have to change so you don't block the view.

We've set it back at this stage. It's one and a half car lengths from the side of the road.

So anything else off the top of our head?

It's like lighting, traffic, architecture.

DOT.

Landscaping. Landscaping.

Is your client already gone to the State Historic Preservation Office? There's an open project in their database for that parcel.

SHPO?

There is. The SHPO database says it's a cultural resource study being done on that property. Oh. Is that you guys? No. It's...

Actually, that's a good point. It might have to be testments because it's so close to the Greeks that it'll get personal.

It's a world-impeccable.

It's a wall chip. So they must have done it for the minor subdivision. And there's a RM Apple LLC.

That's who's doing this study?

That's whose name is associated with a consultation project in the state database.

Does it give a year?

No. And there's no documents associated with it. Can you say the name again, please? It's a project number.

Dave, what's the name?

RM, capital A, PPL, LLC. It wasn't.

So does the EAF show?

There's no, oh, I didn't look at, I didn't, I didn't look at this.

Okay.

I could go.

You submitted a short form, right? Yes. Okay.

Which has two new categories, but it has new categories. It got changed in the mid-June.

Make sure you got the most recent one. The state changed, updated the regulations, whatever it is now, a month ago.

So there's a new category 19 and 20.

That's on part two. But there's new questions in part one. I can send that to you. Thank you. Just make sure you got the right form. Gotcha.

We won't charge you too much for that.

That's cool.

Talking about escrow, by the time, there's quite a bit to look at here. So I'm going to propose 5,000.

I'll make a motion.

Jen makes a motion. Five seconds. I second. So Jen and Surian, all in favor?

Aye.

Aye. So the escrow gets made out to the town of Rochester, delivered to Stacy, and that covers the cost of our engineer and our planner to do whatever reviews they have to do. So our engineer reviews the graphic studies, the engineering studies, and the whole nine yards. And the next major step will be our planner will do a whole write-up and tell you that based upon the code, here's all the things that you need to get us. So what you heard tonight was just a general summary based upon things that we know you're gonna have to do, that we think you're gonna have to do, but he'll do a complete review and he'll have that. It'll probably take a good two to three weeks to do. So you won't be back here until at best end of August or early September. And maybe not even that because, and we'll talk, some of these studies you're going to want to get done before you come back because unless you have something new to tell us, there's nothing to talk about. Yes.

And then for submission ahead of the next meeting, it's two weeks prior.

Two weeks prior to the meeting. Yeah.

Perfect.

Okay. If it's a one-page memo, fine. But if it's a study that the board has to review or engineering, we need two weeks before we get to it.

Okay. I'm glad you mentioned that. Thank you.

Any questions for us?

No, we'll wait to hear the questions.

longer list of submission details and we'll get on it okay so thank you again for your time appreciate it thank you very much thank you and just as a thanks we did get a light up from the building department on this one i asked them to do it for bigger projects i will work on the use being added somewhere else for those that are showing I'll work on it.

Can we also request escrow for O'Donnell for Dave to write the decision? Because we didn't do that one.

Bill's here and I can call him. Okay, so Stacey reminded me for O'Donnell, for Dave's write-up, and also for Herzog, right? Did we set escrow for Herzog? Nope.

So can we do it for both?

Yes. $150 for each is usually plenty.

Make a motion. Don't go away, Hans. We have to vote. We need you.

We're voting on escrow for Arizona and for O'Donnell.

Can you do them both at the same time?

Yes, we'll do them both at the same time.

Motions? 150 for each.

150 for each. Second? I'll leave it. All in favor?

Aye.

Aye. Thank you for reminding me of that. We'll take a quick break.

Who said that? Hey, Stacey, Keith. Yeah. Is this the last one? Old school memo he wrote? But the May 1st, he used the earlier version of a memo.

You're talking about Keith?

Yeah. So he gave his zoning permit with the book, Allison, back first. Two months. That does tell you what the news is.

Oh, we're done. Taking a break.

Although he says it's in the flood zone boundary, which doesn't represent an aquifer only.

Are you here tomorrow morning?

Did he say yes? Yes.

You want to go right? Do you want to chat?

I'll get it.

Just give us a few minutes, guys. No, we're good.

Yeah, I think it's just the essential question, particularly for site plan review, is what's the use? Yeah.

This is the word that could have been informed. How would you know what the personal reporters have said? There were some kind of false signs.

He just signs the applications now.

Okay, right.

We used to get, he's not.

I know we used to get, that's why.

We would have to make our own determinants, which is not.

I'll work on it and I will let you all know where to find it. Okay.

We just noticed that, Serena. I don't know why.

I noticed too. I sent you an email asking about that.

So. Oh, that's what I was going to check. So send. So I assume this is, that's retail, right? The special use permit. And they have its own. Because it's site plan approval.

Am I speaking out of the paragraph?

No, no. Retail and service establishment in the Hamlet District is especially used for...

But the issue is, is it in the Hamlet District?

His memo says it meets site plan rule.

It doesn't mention... Is it in the Hamlet District? That's what he called it. Or is it in the business? I think it's in the business. It's not the Hamlet. Oh, okay. All right. So that's why it's not special use.

All right.

Correct. All right. So the issue is he did it here. Why isn't he doing it for Willem?

Well, maybe he changed since May 1st. Is that what he did?

I don't know. We'll find out. Sit tight.

I don't really care what form it's on. He just needs to say what you use it for. They're having a sidebar. Is that what the lawyers call it? Where are we? Do you guys ready? I mean, I guess it will. Melina's on order today. Yeah. Let me see. That dollar channel, it's a well-studied reality that they will, it's called, they're a small version of Walmart. It's going to be a lower retail. But that's what we're doing before. It's, let me say it officially. What they're doing, what they do for a market. Yeah.

And we want to sell customers from here. Well, they'll, they'll, they'll, they'll, they'll, they'll, they'll, they'll, they'll, they'll, they'll, they'll, they'll,

I was very, very proud of Fed. They bought my favorite cereal. It was the first time I ever went into it. I brought it home. My wife pointed out the data. Which is... We're just waiting for that term. A very old... I was like, what is this? I've had my favorite cereal for half an hour. I said, I won't.

Good evening. As I think I mentioned to the board in a note to them yesterday, and the point I talked to you about, the last time we had the gentleman on the agenda, We had Labella here. It was the engineering firm standing in for CPL. And Greg is muted. And Labella is not here. The reason why they're not here is first student responded to Labella's question. write-up of two meetings ago, I think it was. There were 25 items that we were looking for a response. First student got us the response last week. I believe it was Monday or Tuesday. It was Tuesday. And LaBella didn't have enough time to get us a response to that document in time for this meeting. Certainly not in time for the board to read it. It might have been something, but it would have come very late. And so I told Mike, I have no problem with you guys being here to tell us how you responded to those 25 points. If you want, give us a summary. Go through the report. You have a copy of the report in the agenda. So it'll take a couple of minutes to go through it with us, but we're going to have to wait for the next meeting to get the report from LaBella. I'll have it by this Friday. And then I'll share it with the board Friday, Saturday. So the board has it. I will put you on the agenda for the 27th. We set another meeting for the 27th. But there will only be two projects on that meeting for the board to know. One is LaBella. One is for a student, rather. And the other one is Rav Tov. And that's it. We're not putting anything else on that agenda. So that'll be the point in time where we can deep dive into that document. But just didn't have enough time for them to do it. an appropriate job. Having said that, we did get responses from the fire department and we got a letter from the CEO as well. I asked Lobela to incorporate both the document from first student fire company's letter and the CEO's letter to incorporate all of them and the response would reflect the comments made in all those documents, not just one of the documents. The CEO's letter, if you have a chance to read it, essentially just agrees with everything the fire company had. There was one recommendation they made in terms of having it peer reviewed by some group that I'm not familiar with. So I'm going to let Labella sort that out. We can, when we get the report, you can take that into consideration. We've done site visits, right? Has everybody seen?

No, I could not make today's site.

Okay. So most everybody has seen the site. Does the board have any comments they want to make? And then I'm going to turn it over to you guys to summarize where you're at. Does the board have any comments they want to make?

No. I started taking 35 pages, but... Okay.

All right. Yeah. I didn't get a chance to read it either. So why don't you guys tell us in terms of the 35 pages that you sent us, to what extent did you address all of the comments from Abella? I don't want you to go point by point, but just give us a summary of what was in there. So we have something, we brought you here. So I want to hear something.

Sure. So I'm Kevin Matthews, head of legislation for first student. So the document, 35 pages, responded to all 25 points. Some of them were just clarification errors or issues such as snow removal, how you're going to handle the snow. We pointed out that the buses pull out. That's when we do the snow removal. You can put it back in that corner type of deal. So some very straightforward issues such as that. Also pointed out that why the charging infrastructure would be outside the fence so that it could be serviced at any time, deal with any issue that comes up there within that area. There continue to be questions if the power cube's in the right-of-way. We are going back again to show that it is with another document that makes that clearer than the documents provided in the past. The rest of the document pretty much outlines that everything we have proposed follows federal and state fire code requirements as we do that. And we have met and or exceeded all of those better ways to do it.

Do you want to address it all? I know LaBella had some comments about how to handle an emergency by pulling it out into that emergency area that was designated on the map. Do you want to comment at all on that? Would you rather wait for them to get us there?

Well, I mean, I'm happy to do what our procedure will I don't know how LaBella is going to respond to that. But as we've indicated that the systems that monitor the battery health would indicate to the driver and or the maintenance team if there is an issue around any type of heat warning. It is at that time that the bus would automatically be put in the isolation area, whether it was out driving when that occurred or whether it was detected while the bus was parked in the locker. And so that's when it would be moved over there by first student to that area where it would then be going into our traditional maintenance routine to determine what the issue is, bring in the manufacturer of record that services the high voltage issues to begin that process. If there were an actual thermal event while the bus was parked in the slot, the goal is to do what the first responders tell us to do it. That is not our role to put anybody in harm's way. Uh, that is not trained in order to do that.

I have a question I was thinking about it after I said, is it do you have an S. O. P. We talked about that. You have a lot of fun. Like, in terms of risk mitigation, you monitor. Do you have an action plan that articulates like, okay, we're monitoring, we receive something.

That's in some of the documentation we've provided, yes.

I didn't see anything that looked like an SOP or an action plan.

You typically, those are pretty detailed, and they would say... Well, some of our SOPs that we have have confidential business information in there, so we don't supply them directly. We outline the steps that we take as a part of that SOP as it relates to any type of heat signature related to the batteries on the buses. And so again, it's indicate an issue, move that bus to the isolation area, which triggers our maintenance protocol to begin to determine what the issue is and how it should be addressed. And keep it in that isolation area until the issue is fully addressed and then put it back into service.

It just didn't seem very detailed, but I mean, it would be helpful to understand.

Well, I mean, I'm trying to understand what level of detail you're looking for.

Like our emergency plans at my day job are very specific to the site and the emergency. So it would be whoever, and we typically use job titles instead of people's names because people switch out jobs, right? So it would be like the chief of whatever receives a notification and this is exactly when notifications are received. The chief of whatever receives a notification. which triggers X, Y, and Z steps. And these are the specific steps. And this is who's responsible for it. Person A is responsible for calling the fire department, whatever it might be. I don't know what your SOP would be. So, and maybe it's only three pages long. I don't know what it would look like.

So our operation is the location manager. And the location manager has the responsibility within triggering, you know, to notify maintenance that, or maintenance notifying the location manager there's an issue, letting them know it's being moved to that isolation area. So it's a very small operation. There are just a handful of people at the first student location, and all of them are trained in how to respond and deal with the situation that arises.

And so is local fire department notified?