Planning Board - Regular Meeting

I don't want to go out on that nail.

Okay, we're good. That should be good.

The meeting of September 14th of the Plain Town of Rochester is brought to order. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Chair Jones? Here.

Member Nelson? Here. Member Buterin? Here. Member Duda? Here. Member Roberts? Here. Member Pinspey?

Here.

Member Cromwell? Here. Dave Gordon, Dave Barrett, myself, and Chris Slater?

The two Chris's are coming. Okay. This should be an interesting meeting. I just had Dave Gordon agree with me. I'm so old. Is that true? No. all right so tonight um we're starting with uh two public hearings um so for anybody who's interested in speaking at the meeting um appreciate you signing in up front for either one of the public hearings one is for mhj properties it's a Freelance Subdivision, also known as Marshak Subdivision. And then the second public hearing is for the Dojo, sponsored by Rent Hockey. So if anybody wants to speak on that one, we appreciate you signing for that one as well. So we're going to get started with the first one. Bill Akers and Mr. Marshak, you want to get in the hot seat? Sure.

I'd say this sounds kind of negative. It's the welcome chair.

The welcome. The welcoming. So for the public, It's a three lot subdivision. It's a combination of a subdivision. I'm sorry. Yeah. Two lot subdivision. Sorry. So it was a three lot. It's a two lot subdivision on Queens Highway. A very simple subdivision of a lot right off of Queens Highway on a daily flat piece of property. And also linked with a lot line adjustment on the top of the hill. So Just to inform the public what we'd like to hear from the public, if they have any comments. We're looking for facts that we may have missed. Maybe you're a neighbor or something and there's something that you're aware of that we missed in our review of the maps. Please address the board, if you would, not the applicant. If you don't like the applicant, or you don't like the project, it's not appropriate to yell at him or to yell at his representative. So you can yell at us, but that's about as far as it goes. So we're really looking for input on whether what the map reflects that the applicant wants to do, whether it makes sense or not, and if there's facts to support that there's some problems with this. I think that's about it. So Brian, you're sitting back there nice and sleepy-like. Would you bring up the sign-in sheet for not your project, but the other project? Nothing on here. Nothing on here. Thank you, Ren.

Who else?

We have openings on the plane. Am I too relaxed for you? Thank you. So is there anybody who didn't sign in and would like to speak about this project that, again, called MHJ Properties, a two-lot subdivision with a lot line adjustment? Anybody? Anybody? Anybody? Going once, going twice. Okay. So... I'm going to leave the public hearing open. In the regular order of business, we'll get into the next steps for the project. So why don't we go to the other public, next public hearing, and we'll be back to you in a second, or maybe longer than a second. The next project for the public to know is a project for a property right over here on Tobacco Road. I call it the dojo. It's a combination of a Pilates studio and a karate. Is that for jujitsu?

Jujitsu, judo, martial arts.

Martial arts. And so once again, we're looking for public commentary, pro or con, and specific information about things that we may have missed in our review of the project. So without further ado, Ren, would you mind? Sure. And would you also mind giving me the sheet with the sign-in sheet?

Anyone who wants to speak who hasn't signed in, put this up in the corner.

So before we get started, as you're setting up, what I'd like to do is just inform the board and the public, what are some of the additional, there were a couple of additional documents that came in at our request, changes to the documents. So if you could mention those, that'd be fine.

Right. So we've kind of gotten word late that we were following the old code. That's correct. So we just made some updates to the landscape plan, the lighting plan, the I mean, you know, movement would be an emergency vehicle movement plan. And indicated where on the site plan snow would be stored, which is. You're here for each lot. That's really the only update. It's the last one.

So the items that we've mentioned in the past to him that we needed updates on, he has done them. You also gave us a new landscape plan.

Yeah, new landscape, new lighting.

You gave me a new lighting plan. Yeah. And I think you confirmed the parking plan.

Correct. Sorry. The parking table on here now reflects the read-up on 2,900 square feet gross. It's 25 spots.

And so you have 25 spots, two of which are EV spots.

Two of which are EV. One is ADA. Okay.

All right. So starting with the public hearing then, I'm going to limit everybody's remarks to five minutes. Stacey, would you keep track of that? Thank you. First on the list is Max Stratton.

Good evening, residents, board members. My name is Max Drago. I'm a lifelong Ulster County resident, as well as a lifelong martial artist. I hold a black belt in Tung Su Do. I wrestled at Rondout Valley High School, as well as the State University of New York at Oswego. Came back and coached wrestling at Rondout High School for about a part of a decade. I can speak firsthand to the value of this type of sport. This type of facility provides to the community. Beyond self-defense, it instills discipline, hard work, determination, and dedication. It refines not only the physical body, but the mind as well. Rochester, the surrounding area, and the county as a whole would be better off with this dojo in existence. So thank you.

Thank you. Our second name is Alexa Randani.

My name is Alexa. I live locally. I've been involved in martial arts as both a student and a coach for several years now. I've seen firsthand how much good a martial arts gym can do for a community. It's not just a place to exercise. It gives kids and adults a positive place to spend their time, build confidence, make friends, feel like they have a place to belong, build a community together. I think having a space like the Dojo here in Ackward would be a really positive addition to our community. Ezra and Carrie are such wonderful people who are constantly giving back to the community and others around them. I couldn't think of better people to build such a job in the community that everyone will value from. I strongly support the project being approved. Thank you.

Next on the list is Dave Ford.

Hi, everyone. My name is Dave Ford. I am here with my 10-year-old daughter, Juniper, and married my wife, Jess. We live over on Blue Hole Road. I'm a veteran. I've been living in the community for 10 years, and I have luckily gotten the chance to meet Terry over the years. And I'm here representing a huge group of my daughter's friends, most of them little girls, that are thrilled to start martial arts at the studio. Right now, where we are, if we were going to minutes to either New Paltz or Kingston and having something community driven place like this right in the heart of that, where for me, it really doesn't get more exciting. I have a lot of friends with Stone and Kel and have grown past what this building used to look like before this incredible renovation. And, you know, like these sorts of products and projects, and especially ones that bring together different types of people in town. And I think what the thing about martial arts in general is it has such a broad appeal, right? You know, we have a lot, we have a lot of folks that have a lot of different, let's say different beliefs in our little 7,000 person community. And these types of community centers are exactly what we need to bridge that divide. So I just want to, on behalf of so many little girls and boys that I know they're under this, I just want to, you know, The plans were just, you know, with all of my heart. Hope you guys will approve this. And just thank you for the time. It was a great book.

Thank you. Next person is Addie Carter.

Hi, my name's Addie. I've been a resident in Accord for 11 years now. And I've been in Missouri for close to 20 years as a rock climber, a yoga and Pilates instructor. And I also trained jiu-jitsu with Ezra, Alexa, Nance, and Nick. And I cannot say enough about how great this center would be, not only for Nerea, but for many of us that practice and drive over 40 minutes to train in New Paltz, also another great academy. But I think what's really unique is Ezra and Carrie's vision to bring the fusion of yoga and Pilates to martial arts, because there's a lot of overlap. And both practices are amazing for community, for personal development, for mental health right now, which I think we all need more than ever. And I would really love to just see this fusion happen in more places, but especially if it could happen in my backyard, that would be amazing. And I will speak to Ezra as a training partner and as a teacher at He has the best interests of everyone he encounters. And it's a really wonderful thing to have that sort of energy, especially on the mats, but also in a director, viewership role. So I think this will be a huge asset to our community and our town.

Thank you. Ben Lieberman.

My name's Ben Lieberman. I live here in Eckward with my wife, Emily, and our daughter, Laia. um speaking uh question the board approves projects i'll have a lot to add it would be a huge asset to our community student yoga and that's been measureably helpful for me and wonderful to have a place locally to practice other like-minded folks just kind of had that numb carrying ezra for over 10 years they're really wonderful people highest integrity Thank you.

Emily Rubin.

I'm Emily. My husband Ben and our daughter Laia. And I've also known Carrie and Ezra personally for about 15 years. And they're some of the most trustworthy and capable people.

And it's another band.

And... I, I know that they will be able to, um, the way that they create community for all of us has been such an addition and an incredible, um, part of our lives. And I think the studio, okay. Also personally, um, I work for Hudson Valley hospice as a physical therapist and drive around Ulster County all day and to have a place to come home to where I can take care of myself and be with other people taking care of themselves. I think that's what we all need to be well and, you know, and to take care of each other. So that's a place that we really need in this town. And, um, Yeah. And then also having a baby and, you know, having a place to meet other parents around here and a safe place for kids to play and hang out together. And, and like someone beautifully said, like learn to, to find themselves through a healthy means of movement and friendship and learning skills. I know that this project will, will benefit everyone in the community. And I, I ask that you, yeah, that you pass it and pull out everything it will be. Thank you.

Thank you. Okay. Nick Bridgeton.

Yes. Thank you for letting me speak. My name is Nick Brigham. I'm a resident of the town and like Dave, I'm a parent to a 10 year old girl. And I just want to express my support The one thing I've noticed about being a parent in town here is that there's a real lack of after-school activities for the kids. And, you know, it's either kind of like swimming or soccer, and there's a few other out there, but most of those are seasonal as well. And I think our kids really benefit from having something that they can participate consistently all year round. And I actually came from martial arts when I was, you know, late in my life, but... I wish I had it as a kid because as Dave said, you know, it really, it's not really about self-defense and fighting. It's really about discipline and perseverance, camaraderie, and it's great exercise for the kids who are so susceptible to screen disabilities. So I just wanted to, yeah, I just wanted to give my support to this project. I think it's amazing. I think it's going to be incredible for our community. Thank you.

Thank you.

Thank you.

Anybody else want to speak on this project? Yes, sir. Can I have your name, please?

I'm James Burdick. Thank you for letting me talk. My name is James Burdick. I'm a high school teacher in the area. And the research on things like this that Ezra and his facility are going to offer is crystal clear. But anecdotally speaking as well, as a teacher and as a practitioner of martial arts, I can say wholeheartedly how much it supports the community and the individual both. This place will be a huge boom for kids, adults, their parents. The trickle-down effects are nothing short of miraculous. I've seen firsthand in my job how transformative any form of physical activity can be, but this is especially true when it comes to martial arts. And this is especially true with the practitioner like Ezra at the helm of this place and the people that he's surrounding himself with. Yeah, this place would be nothing short of a miracle. Thank you.

Thank you. Anybody else? Did you want to speak again?

Probably about miracles.

Going once, going twice. Sir?

Yeah. Thank you. I'm Jay Martin, a longtime resident of Ackwood, and I have one concern about the signage. This is going to be a sign that it's lit because I live immediately across the street at 18 Topaz Road. And I prefer not to have blinking lights and a carnival atmosphere in my front yard. I thought you could enlighten me on the sign. Would you answer this?

I see the 555 sign mentioned here, Herpin-Dickens Road. Is it going to be lit? Is it just going to be...

It'll be a downcast dark sky. So it will be lit. Okay. downcast lighting just to illuminate during operational hours and during when we're closed.

Downlit means the light's on the top of the sign and it goes inward to illuminate what's on the sign itself. It needs to be turned off. I don't think we've talked about it yet, but it's a good point. We usually have signs like this turned off at 10 o'clock.

The idea is that after hours would be off or dim, but in a certain sense, we happen to turn it off.

So it's not an outbound light. It shines into the sun.

Thank you.

Okay. Anybody else? Okay. I'll entertain a motion to close this public hearing.

I make a motion to close the public hearing.

Helena, second. Peter? All in favor? Aye. Aye. Anybody opposed? Okay, so the public hearing is closed. So what we will do is after we go into the regular order of our meeting, Ren will be back, the second project, and we have a couple of things to talk about, and then we'll make a decision as to when we're going to do the decision. We're not going to make the decision. So we just switched places again with Mr. Eggers and Mr. Moshe. So Bill, do you have anything for us that you want to talk about?

I'm not sure. I think this is the first time that you're here with this version of the plans. This is the new application of this footboard. So just to point out exactly what's to be done there. And we've had a small lot proposed two acre parcel out on the east highway. That remains the same as the Bolton property.

Could you take the discussion outside, please? Thank you.

The main portion of the property in the center would be existing house and such. Pretty much stays the same here. What we are proposing here is a lot line adjustment. Take this about three acre portion to the rear of the property and add that to other adjacent lands that Mr. Marshak owns. which coincidentally puts it back together with where it originally came from, was that land was part of that piece of the back there. It was a previous subdivision by Boyd, who owned the rest of the land back there. He created a subdivision who created that house parcel in there. Then it was a portion of it was made off three acres. It was conveyed to Varshak that was part of the board property. Now it's going back with the house where it came from.

PB, Harmon Zuckerman, Okay. PB, Harmon Zuckerman, The board have anything.

PB, Lupita D Montoya, This is still just a lot line change. Right.

PB, Harmon Zuckerman, Well, it's a subdivision and a lot line.

HAB-Jacques Juilland- Because we're creating the through the parcel out on the inside and I got to move out there. So that's the subdivision. HAB-Charlotte Pittsburg- Right.

I'm sorry. I'm talking about the back part of the property. HAB-Charlotte Pittsburg- Right. HAB-Charlotte Pittsburg- That hasn't changed since the last time.

HAB-Charlotte Pittsburg- This is the HAB-Charlotte Pittsburg- It's the third third iteration of the same, but it's the same as the last. HAB-Charlotte Pittsburg- Thank you. HAB-Charlotte Pittsburg- When I went back over the record. I couldn't find, Dave Churchman, if you can help me, I couldn't find whether or not we typed this for CEQA purposes. And if we did, I'll just do it again. So I believe, Dave, the original project, when you did the write-up, it was unlisted.

That's actually not on the agenda.

Sorry?

I have that on the agenda.

That's almost so we must thank you. So we must have done it. Okay, but that may have been left over from the original. The 1st, or the 2nd, 1, so I'll entertain a motion to determine this to be an unlisted action on the secret. Just to be on the same side. Jen makes the motions on seconds all in favor. I opposed nobody. Okay, so the next thing is for council. Well, lot line is, there's no secret determination. It's a time to serve. So I get it on my question for council. However, since there is a lot line, rather a subdivision involved, that's why I didn't close the public hearing. We need to do a determination of significance for the subdivision. And then after that, we need to have a public hearing. So I'll just announce again that the public hearing is still open after we've reviewed determination of significance. So Stacey, do you have those forms, the part two forms?

Yeah.

We have extras. Does anybody want the part two forms? That's where I read that.

I don't remember. You can throw one.

You can share it.

Okay. I'm just looking for it. Thank you, Soran.

And just one for me. All right, so once again, we're going to go through this, have the board determine whether it's no or small impact or moderate to large impact. And then once we've done that, we can make a determination as to its significance. whether it's a name deck, pause deck, whatever the case may be. And then I'll again, as I said before, I'll indicate that the public hearing is still open if anybody wants to comment what we're doing here. So I'm going to read through this and I'm going to make a suggestion as to the impact. And if anybody objects, please stop me and we'll talk about it. Number one, will the proposed action create a material conflict with an adaptive land use plan or zoning? No, a small impact. Will the proposed action result in a change in the use or intensity of the use of land? No, a small impact. And remember, this applies to the subdivision only. Three, will the proposed action impair the character or quality of the existing community? No, a small impact. Or will the proposed action have an impact on the environmental characteristics that cause the establishment of a critical environmental area? This is not a CEA, so no small impact. Five, will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking, or walkway? No small impact. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No, a small impact. Will the proposed action impact existing public private water supplies? No, a small impact. Public private wastewater treatment utilities? No, a small impact. Eight, will the proposed action impair the character or quality of important historical, historic, archaeological, architectural, aesthetic resources, know a small impact? Will the proposed action result in an adverse change to natural resources, know a small impact? Will the proposed action result in an increase in the potential for erosion, flooding, or drainage problems, know a small impact? Will the proposed action create a hazard to environmental resources and human health, know a small impact? Everybody okay with that? No. Why do you think the termination is significant?

That's what I asked. And that would be in public hearing and in termination. Do it before the public hearing? Before the public hearing. And public hearing after the declaration?

That's the reason I asked. It makes no sense, but that's the law.

Makes a little sense, but not much. Absolutely.

He's pretty nice. All right, so I'll entertain a motion to declare this action to be to make a negative declaration under CEQA with respect to this action. I need a motion. Surya makes the motion. David seconds it. All in favor? Aye. Anybody opposed? All right, so that's taken care of. Stacey, I'll sign this later. Yeah, I have one. And so now anybody else from the public who wants to make a comment? on the negative declaration that we just declared.

You get on the project, I think. Mr. Warren, Jack, would you like to make a comment?

Sure.

May I? Statement? Sure. Thank you.

Good evening. I'm Harvey Marshall. Thanks for giving me the opportunity to address the planning bill. I'm going to read my notes because I don't remember so well. I've lived in Rochester for more than 50 years. First, I'm going all alone in 1974 and East Highway since 2007. During that time, I probably had over a dozen building permits open and other town permits as well. All those years, I've never received a single criticism concerning the way that I've handled my business with that. I love Rochester, and I appreciate and support the town's efforts to preserve the beauty and character that have made such a special place the way it is. I'm here tonight because I want to correct what I believe is a serious misunderstanding about our application to 779 East Highway. There appears to be a belief that we tried to work around the planning board. That's simply not what happened. I owned approximately 25 acres at 779 Queens Highway. When I decided to downsize and sell the house, I began renovating it in the fall of 2024. At the same time, I decided to explore subdividing new parcels from the property. On January 9th, 2025, we submitted our first application to the planning board. We appeared on the board's February agenda, And we see comments concerning proposed driveways, slope and drainage, as well as a few other comments. March 24th, 2025, we submitted revised plans. We go, of course, addressing those concerns. In July, 2025, the planning board contacted my contractor, Alan Feinberg, and I believe met him back in Eggers. We were told that the subdivision application could not remain before the board, while there was an open building coming on the property. Our choices were to stop the renovation work or withdraw the subdivision application. We were already deeply involved in the renovations, so stopping the work was not private, really. Therefore, on July 14th, 2025, we withdrew the subdivision application. That decision was made not to avoid climate change. It was made because we understood the board required us to choose between continuing renovations and keeping the subdivision application active. At that time, I was advised by our attorney and by Madame Becken-Edwidge Our permit was not required for driveway work. We also had the benefit of the planning board's earlier comments about slope, drainage, and other issues, and we took those comments very seriously. We also consulted a company, one fire truck driver, because we understood the importance of making the driveway safe and accessible for emergency vehicles. I worked with Paul Gray, who already had security on the premises for the renovation, a well-regarded local type job excavator. He advised the driveway. He removed it. to advise it from the original plan that we'd never done after the comments from the board. Pardon me, back to my place. We moved the entrance entrance approximately 50 feet, reduced its slope, added two pull-offs, and planned additional culverts and turnaround. The culvert work and turnaround were not complete because the driveway itself was not completed. The work stopped at the boundary between 779 Queens Highway and the parcel involved in the proposed lot line address. The renovation of the house was completed in December, 2025, and the building premise was closed. In January, 2025, we submitted our subdivision application. When the property was later viewed by the board, and the driveway work was observed, it appears that someone had concluded and redone the work to circumvent the planning board. That conclusion is incorrect. We had incorporated the most early economics into the driveway plans, relied upon professional advice that we had solicited and received, and proceeded only after withdrawing the subdivision application of the board to direct. In fact, withdrawing the application removed the board from the process during the period. There was not an outcome we saw. We withdrew it because we were told we could not continue the work while the subdivision application remained active. Since resubmitting in January of 2025, we have gone through several rounds of review. It became clear that determining whether subdivision could be improved on the proposed parcel would take some additional time. Meanwhile, I needed to preserve my ability to sell approximately 17 acres, property at 779 Green's Highway. We therefore revised the proposal to request a lot-line adjustment. And under that approach, the land would be attached to my adjoining property at 807 Queens Highway, while we determine whether a future subdivision is practical and appropriate. That subdivision may or may not ever occur. As for any language to be placed on the approved lot-line adjustment map, we will accept whatever is required by the law and is reasonably necessary to be approved. However, if we do not agree to any language that would be necessarily restricted, or encumber item property beyond those requirements. I'm not asking the Board to overlook any requirements or approve anything that does not satisfy the applicable standards. I'm only asking that our current application be considered on its merits and actions not be interpreted as an attempt to evade the Board's authority. We have tried throughout this process to act responsibly, to follow the direction we were given, and to address the concerns raised by the family. If there's been a misunderstanding, I hope this kind of options out. Thanks for listening.

Thank you. Can we have a copy of that for the record?

Sure.

Can we have that one or you just send us one tomorrow?

It's in my hand right now, but sure.

Is it as fair as mine? Because if that's... Say again, please. Is it as fair as mine, the handwriting? Well, you know, that's what I'm told all the time. What is it? If you want to send us an email, Senator Stacey, just so we can have it on record. I'll send the email to everybody. Okay.

Can I ask a question? You mentioned January 25, or should it be January 26? I'm sorry. You said January 25. Wasn't it January 26? January 25 was the first time we submitted a publication to your board.

We try to be very kind. We want this board to be involved.

I understand that.

It happened to be exactly a year later.

As I said, this has been one of the most confusing. I do remember January 25 and then you went away for quite a period of time. We didn't see you anymore. Then we saw you again six months later. Thank you. Thank you. Anybody have any comments or questions? All right. So what I'd like to do now is to close the public hearing. Motion to close.

I'll make a motion to close the public hearing.

Peter. Seconded. And Helena. All in favor?

Aye. Aye.

Aye. And what I'd like to do is instruct Dave, if you could do a decision for our next meeting, the meeting of the 28th. So it would be on both the public, on both the subdivision as well as the lot line.

Okay.

So you're back on the agenda for the 28th and we'll have a decision for you.

Thanks so much.

Okay.

All right. Thank you. Thank you all.

Okay, Red. Thank you, Marsha.

I'm sorry, I didn't mean it. I didn't expect as many comments in our public hearing as we had tonight.

Thank you. So you brought your whole family with you. Well, at least you had them all write letters to us. I did. Who was that? Is that your son or daughter who wrote the one with the picture? It's my daughter. Was your daughter? Yeah. Did everybody see that one?

Yeah.

That's pretty good.

Board favorite, that one.

So does the board have any questions on the project? As I mentioned earlier, we have, at our request, a lot of the documents were updated. The lighting plan, the landscape plans, the old site plan, vehicle movement, to allow for the fire trucks, et cetera, et cetera. And I think that was it. So that has all been updated. um square footage snow removal oh and you updated the parking um major because that was wrong you were using the old code which happens and you change it to the new code so you have plenty of parking there sorry you have a comment i only have a comment and don't miss uh documentation like like and blend for some reason it doesn't have a revision bracket things follow us

name of the file was changed and the revision box remains the same. There is no track of revision of the drawing versus your site plan has a track of revisions. Lighting plan does not. So it will create confusion in future for records. Stacy, are you tracking that?

Yes.

Is that accurate?

Sorry, are you saying the plan itself doesn't have a revision date?

You're saying a revision date.

Yeah, like the box. Oh, I see.

Sure, sure.

That's a minor.

That's just a minor. Yeah, yeah, yeah. I'll have that. Oh, yeah, special.

No, I appreciate it. Thank you. I didn't catch that. The only...

I have one or two comments, two actually. One is that, as we mentioned already, lights out or dim only to a security level, what you need for security. Yeah. 10 o'clock. Absolutely. All right. Or earlier. Can I verbally agree to that? Or is that something you want? It's going to be in the decision. Okay. All right. So just so you know. Okay. And the other thing, when we get the final maps from you, and you've submitted them all as separate maps with separate update dates there. I need a whole, what I call a site plan set. First page is generally a name, address, and all that. It's a picture of the site, holistic look at the site, talking, writing. at a very high level. The next one can be any number of different things. I don't necessarily care about the order. We need to put that in that set. Landscaping, parking, lighting. And then the parking one, of course, you'd probably put the, where the fire, how the fire trucks are getting. But you submitted all of the architectural renderings. Put it all together in one package. You mean in print? When you print it, it gets all stapled together. And to Zorian's point, I'll get to that question in a second. Different elements of what you've submitted have different update dates on it. We're going to need something that has one date that represents your final submission to us. That's the map that gets signed. Does that mean...

Although the plans need to have a new revision date to reflect the submission. Yes. Okay.

And then you had a question?

No.

Oh, okay. Oh, do you just want one copy? What do we usually get in terms of copies?

Well, for the final plan, we'll need one copy for you, one for the planning board, and one for the building department. HAB-Masyn Moyer- Okay, but well, can we also have it digitally as one. HAB-Masyn Moyer- To.

HAB-Michael Leccese, Right so that's cuts down the confusion of multiple plans with different updates on it.

HAB-Michael Leccese, was.

HAB-Michael Leccese, To life to two foot by three foot 2436 yeah. HAB-Michael Leccese, All right. They won't have any other comments. What's that thing?

It says the town clerk is supposed to get a say.

She gets a decision.

It's in the code. The plan? The number of copies. So it's went over this for another project? That's four. You wanted to change it from five. You wanted to know how many you had there.

Well, the town clerk doesn't get a copy of the plan. They get the decision.

Who says she does?

She doesn't want it. She gets a copy of the decision, but not the plan. We'll deal with that later.

Okay.

Okay.

Dave? A minor thing. Jay actually raised about the signage. And I don't see any signage on the building. Not on the building.

No, it's just in the front. The five foot by five foot. You know, you weren't here on the time that we submitted the, the rendering.

Oh, okay.

As long as someday that's fine. Yeah. I'm just concerned that you might not have a copy of it.

It's in the, it's in one of the plan sets. Yeah.

One of the detail sheets. It might be in the plan set. That's what I'd like.

So we're going to do a decision.

don't have to look for you i can do it later yeah we're going to do a decision uh dave can you do that by the 28th also do you need an extra two weeks preservation committee what do they mean historical preservation i think it's next monday the 21st so we didn't get that back from them yet they don't meet until monday okay all right so um we need to get that dude What did you do? I just said they're going to meet when.

I think it's Monday next week, the 21st. So you'll have a good go. We can get the info. I had a quick turnaround last time too.

I can go to the meeting. And when we should go to the meeting also. College tours with my son. Okay, so you won't be there.

All right. So I'll go.

Just so we can get a heads up and write it.

All right. So I thought they'll be meeting. It's the, uh, it's young performance.

No, right.

Oh, what did you say?

It's young Kapoor on the 21st. Oh, they may not be meeting.

I'll try to find out.

So are you suggesting that we push back the decision to 1st meeting of October?

If you can get the.

They may not.

I'm going to say I'm going to guess having gone to a few of these that. Comments are going to be straightforward. Yeah. So as long as we can get them, we can put them in a decision.

I'm not sure they're going to have the meeting because it's Jan Kapoor.

Do we know what they do otherwise?

No.

I doubt there will be a meeting. Schools are closed.

They probably are not meeting.

Do they reschedule automatically?

They might meet the day after or something.

How about we do this? We could do it in anticipation that we're going to get it, or you could technically condition it if it's a draft.

Well, we wait to the 1st meeting of October. All right, that way we definitely have the input from the historical society. What is that date?

13th of the Tuesday.

This is a miraculous that come up with something sooner or no, we always put a lot the other 13.

You know what? Let's go with what Dave suggested. Let's do the decision for the 28th.

Or we may find out in a day that they've rescheduled for the next...

Contingent on the historical. Okay. So we'll do it the 28th. That's what the plan was.

Perfect.

And I forgot about Yom Kippur, but possibly they're not meeting. It's still there?

Well, it's up to me to change that. Alright, so Ray, we hope to have...

We'll have a decision for you. Worst case, if they don't get to it, there'll be a condition in there that says, I'll sign the map when we get the information from the Historical Society. Now, it's important that you realize that this set of maps with all the corrections and everything together, it's important to have that for the meeting of the 28th. Yeah. All right. So just so we know that. So get your engineer to put us together. Put together six map sets.

If you want six.

Six. Okay. All right. If you have any questions, space you. You're going to ask five?

Five.

Five. Sorry, five.

Five total of everything. Right.

To kind of make a zone, right?

Yeah. Yeah.

I'm going to make six.

Okay.

You're smart. Don't waste the paper.

And each of those sets would probably have anywhere from four to six or seven individual sheets representing different elements of what you presented to a set. Landscape, parking. I want it all together. It's easier for us to keep track of it. For you to keep track of it. Okay. And I'm only signing the top sheet of the set when I eventually sign it. Okay. The 28th. Okay.

Okay. Public hearings closed, so no more write-ins or anything. You can write any time you want, but it's closed. I have a huge family. Some of them are coming a little late. They just started them going. Well, they always kind of assume all the other ones will write in.

So we're good with all the write-ins. We've got plenty of them.

Thank you. We'll read them all. Enough to read. Yeah.

Especially if I had products.

Yeah. Thank you all. Thank you. Thank you. Thanks so much.

Okay. The next one is Dollar General.

Okay.

What a cool check.

Yes. What's the gift. If you introduce yourself to you, sir.

Why don't you reintroduce yourself? We haven't seen here in the month at least.

Yes, sir. Good evening. Thanks for having me. My name is Garrett Wilson. We are a company in the area of Connecticut. I did supply a revised plan early this morning. I wasn't too sure enough copies were made, so I brought some.

Um, I don't have print out copies for everybody, but I did put it on the agenda on the agenda. You can pass.

We didn't look at them. Yeah, they were. Yeah, it's just, yeah. So I just wanted to know that. Yes, I should have a chance to review it.

We're not going to go too far. No, I know, but

So, David, Helena brings up a good point, and I know that we were anxious to see this for one reason or another. But we usually require that things get to us two weeks ahead of the meeting so the board can review it. Yes. But this is important for us. I just want the board to see that some changes were made that reflect comments that were had on the site visits that we did with one of their associates. So, Gary, if you don't mind, I'm going to just tell them what I think we're looking at here. Sure. We have mentioned that there were too many driveways planned. There was a total of five driveways if it had gone the way in which it was originally put on the plan. That this project would add two, one for the residential unit or subdivided parcel in the back. And another one, which would be made up of three lanes actually for the project. And that was in addition to three driveways that were already there as you come off the bridge. So I think each of the site visits, the people on the site visit, the members of the board said, that's probably not going to fly. Not the least of with the board, not the least of which you're still going to have to go to DOT, whatever you propose. So you can see on the plan, what they did was, um, put the driveway entrance to the north on 209, closer to what was affectionately called at one time a carpet store. So if you remember where that telephone pole was, it's to the north of that telephone pole. And then to access, I'm not quite sure, maybe you can explain that on the map, but I'm not quite sure how you're accessing the property to the bank. Because we have told you also, we didn't want a separate driveway for the residential project. Correct. Or potential residential project. The second thing I want to and I'll give you in a second, I'll have you explain how you're doing that. But I also mentioned that you're still going to need DOT approval. And that's sort of a gating factor to going any further with the project, as well as determining from SHPO whether or not there are any archaeological effects on the property. And we talked about that on the phone some weeks ago. So I just want to mention that again. That's still the case. There are some things, and I'll go into them, there are some things that the board can deal with, but not necessarily tonight because we need more information. But what I wanted to do tonight was to see what they had done with this plan for the driveway and also to do this seeker. Determination tonight or the typing the project. So we need to do that as well. We're up against the clock with that. So why don't you explain how are you going to get to the property in the back and how many turning lanes you have there?

So, so hopefully you can see the plan in front. We have. One cup that's here for joint entrance for the main parcel that we have a site plan application for. And then to the right of that, we have the rear of your flag, which does have the 50 foot just in the driveway into the right. So it shares particularly the access of the MT Road 209, as well as having its frontage along the front here. So to come in, turn right, basically that's fed in up to the private driveway. We're located here mainly to the stewardship between The retail building, so when normal customers are coming in, they're not automatically going straight out of someone's private driveway. We want to avoid that. So trying to keep it off to the side. The exact angle arrangement, are we going to plant it up and try and distinguish that as being separate from the retail? Is that private? Not to access that. It's still to be worked out, but essentially the plan we presented the last time So the whole layout is just a mirrored image with only one per cut here. as really as far up north as we can while avoiding utility poles and keeping everything on this new frontage of property alone.

And the detention pond or retention pond is where the driveway used to be.

Yeah, essentially this shaded gray area here, that's the compensatory flood storage because we are in the floodplain. So trying to offset anything that we are raising levels, we've got an area there that we can copy it and produce for that stormwater. You mentioned two other comments about DOT. So we have engaged with the DOT. We've set up a call with them this week to flush out their initial comments and what they'd like to see. Of course, that'll feed into design itself. And then the SHPO has been submitted as well. And we haven't received comments yet.

So I want the board to realize that what's drawn there is just a sketch. That may not... quick charge to the right and then another charge to the left will have to be finessed in some fashion to satisfy whoever's going to own that residential parcel. So it may not look exactly like that, but the point is there's not going to be a separate driveway, which is what I think the whole board wanted. So, David, there are some things that we can work on while you're out in front of DOT. Not tonight, because you're going to have to deliver us. We need some additional information. But while you're at DOT and SHPO working with them, we can work on the architecturals, right, what this building's going to look like. The last time I either talked to you or to Matt, Mark? Yes, Matt. Matt, okay. He said that, well, he's got a whole bunch of architecturals. I said, well, let us see them all. So we need an architectural package from you all so that the board can decide what they'd like to see. Yes. And we're also going to send these to the Historical Preservation Commission to let them weigh in on it. as well so that's one thing that we can certainly work on while you're working with dot and shippo i don't suggest we work on the details of the engineering until we figure out where the driveway is going to be having said that you can start working on lighting um well no not really because we haven't decided on the building yet so um and parking you have so really the only thing that this board i think would want to work on while you're off with DOT and SHPO, might be the architecturals. Other than that, engineering, we have to wait to see how this all gets laid out. So I'm not having our engineer look at anything quite yet. The board have any comments about that?

on because none of us had a chance to look at any of this at all. Right. Right. It's just unfair to do it.

I also, I might have missed this. I didn't know anything about Lot 2. About what? About Lot 2. About the residential thing. But I was not aware of that.

Lot 2. Lot 2 was always there. Ah, Lot 2. It was in the back. It was sort of oddly placed on the maps, but there was always a lot in the back. That was on the previous map that we got, and that's why it's a subdivision. Okay.

But there's nothing proposed to go there, right?

No.

And I need to get to the site. I think I'm the only planning board member that is not. No, I haven't been. Before, I really need to get to the site.

Yeah. So Stacey, have you gotten any dates from?

I'll work on it.

Okay. I know Stacey worked on a bunch of dates, so it's tough. People have lots of commitments and couldn't make them, but Jen, you did. Yeah. Jen, you did say it. You were there with me.

So yeah.

Sorry.

Yeah. I have a question. Was it new plan? Uh, some people come is at the login. How would the, Delivery truck bypasses the garbage truck. Seems to me kind of right in the way.

Yes, it lies in the same area. So the garbage truck is there for them, so they control all the retailers, so they control where the garbage is.

We're going to have an opportunity to go through all this. This is just a sketch plan to show we're the drive where he's going to be. And, you know, obviously it came in today. Yeah. And that was kind of deliberate in my part to at least let everybody see that what you had all said isn't going to work, that they came up with something, but we're not going any further with this discussion, except that they have a sketch plan that they can go to DOT with. What I really wanted to do tonight was the typing for secret purposes. So Dave, you had recommended Unlisted. Yeah. And we also need to declare ourselves as lead agency. So we need to circulate for lead agency, correct? No, we don't need to. Do we need to circulate?

It's up to you if you want to coordinate or review.

What do you recommend?

It's DOT, right? No public toilets, no health department.

Oh, you know, there's septic for health department. Yes. So we've done septic testing started this year. So that's as far as we've gone until we get into the actual design.

We'll circulate. We have the time.

Yeah, you certainly do.

Okay. So I'll entertain a motion to type this as unlisted and also to circulate for lead agency to SHPO, DOT, Department of Health, No, it'll have to go there, but that's not part of the circulation. So I'll entertain a motion.

Yeah, I mentioned SHPO.

It would circulate to them. There's three people who circulate to SHPO, DOT, and DOH. So there's a motion to circulate for lead agency and also to type this as unlisted.

I make a motion to circulate for lead agency and to type this action as an unlisted action. Yep.

I got it. Second. Dave? Second. All in favor? Aye. Anybody opposed? Okay. So... It was a quick evening. Anybody have any other questions for a couple questions.

One is the area of disturbance. What's the acreage? Do we need a full swift? Do we know what's going on?

I don't know. Until Greg takes a look at it. I don't know if it looks like it's way more than an acre. Yeah.

From a project management standpoint, the stormwater is going to be a concern because it is part of it is in the floodplain. Yeah.

um corner of it is yeah right through the parking lot yes or at the entrance yeah yeah um this way way more than an acre of disturbance yeah and then it'll come to me as soon as we move on go ahead do you want me to babble a bit longer and maybe you'll think of it

Oh, I knew what I was going to say.

There you go.

Have they responded to me? I can't say for certain, but don't be surprised if they ask you for test events. I mean, I guess it can go either way. I think they'll probably ask you for it. So just be ready for the schedule and stuff.

Thank you for that.

So, Gary, you've got a lot of work to do with the DOT and SHIPO. In the meantime, if you want to get us the architect tools, we can get those preservation commission. And we'll see how our agendas look over the next couple of meetings. And we could perhaps get that. And if you have anything from SHPO DOT, we can get that on the agenda. But as we talked, the gating factor here is both the DOT and SHPO. before we can get too much further into the project. Certainly. All right. Anybody else?

We just noted that your client's neighbor has an open SHPO project. It looks like they've engaged an archaeologist. So maybe you could piggyback off that? It's a two-part process. if necessary uh what she called it yes having done that work for a few years sorry yes um so it turns out there's an open shippo project it looks like there's an archaeologist engaged at the what's the building next door the ulster county carpet or almost former ulster county cardinal so not to mention the dot do they call it a bridge or they call that a That big project. That's already done. Had a cultural resource survey done. Oh, yeah, yeah, yeah. So there's a lot of research done in the neighborhood already. Maybe SHPO can help you. I think your client bought from the neighbor who has an open project with SHPO, according to the files.

I will check on that.

Thank you.

The stuff we've been doing with SHPO, my day job, they've been making us do all the stuff.

Yeah. Based on what Peter's discovered, you're going to have to hire somebody, probably.

And you have to do the test test, but there's a lot of desktop historical research that goes into it, in addition to field work, and it takes a little bit of time.

Yes.

Okay. All right. I'm sorry, but I just have a quick comment. And it's because looking at this plan and seeing the impact that's going to have on the floodplain. And also because of the landscape that's around. It's very new heading in the direction to cross the bridge. It's very, very pretty landscape through that. the floodplain and the stream river itself.

So I'm suggesting that you might look at pushing the entire building parking back away from the floodplain. You have the potential to create a buffer between the road and all that parking, and it also gets you out of the floodplain. So you're protecting the floodplain, and you're also helping your visual. Now, I understand that on the right-hand side, you've got the carbon place, which isn't great visually, but I also think that there's good reason to look towards the future and make things better, right? Not to just compound little plants and that probably isn't the best. So I would urge your team to look at that possibility. or protecting that floodplain and also to enhance the visions.

And I second that. And I believe the first time you were here, both you and I raised the same comment. I wasn't here the first time. Okay, well, I did. I was looking towards the future and saying there are ways, you know, to either through landscaping, pushing it back. We don't want just another masonry block type thing.

You have advanced to I think what we said was we didn't want it to look like dollar channel.

Well, whatever. And then I mentioned, you should go to a month.

Yeah. So this is what a real life example of this is a photograph right there. So the potential will do the Kubla tall material shutters. Last song color palette. I think the term was at least a

general as possible uh i said that but i said it but you know but with dave roberts is saying though makes a lot of sense if you move it back yeah then you're out of the floodplain and then you can also do some plantings i know you want to be seen but maybe you know you could have better advertising and People say, look at that landscaping. No, seriously. I mean, I don't know about the rest of the board, but when I drive around and I see a new store, et cetera, I look at how they handle it and how they've landscaped. And it does make a difference.

We do have space on the side. On the drive out here that these treaties alongside here they're going to remain so we've got that other coming from the side. Telling on the topic of. Improving things so visually nobody ever looks at the building. And over there you're coming down and you're seeing the current the old factory there was the first thing you did was we are in fact we've been still slightly. But seeing that and you know, especially along the lines of something we're trying to propose actually might help to track away from what is less desirable adjacent to it so there's that. There are advantages and disadvantages to pushing the building back. One is the floodplain, the other is looking at ideal septic testing and also not having to cut into the hill and disturb what is there and more than necessary as well. So there's a lot of play here, a lot of considered. definitely, I think the architecture of Hypersense is going to be critical to this community. So that's something we're taking on board. And then the engineering too. We're trying not to cut into that filicide and take a lot of material out as well. So there's trying to balance it all with the desires of everyone.

Yeah, there might be good material in that hell, though.

That can be utilized on site.

So... There's a lot there.

Have you done any worries?

I don't know. Nothing that's good.

Aren't you going to have to?

Yes, we will.

Okay.

Okay, so we've, what I hear is Ada concerns time with landscaping and rebuilding falls on the property. You know, you have two, there's two driveways to the left of the building. The house, well, the one house is way up in the hill, way in the back. But I'll bet you it would be important to also cover the side of the building on the left-hand side there with landscaping. So as they're coming up their driveway, they don't have to look at the side of the building. But once you get through the DOT and SHPO, we can dive into it. All right. So we'll look to you to let us know what's going on. I'm not going to reschedule you until you've got enough material and we get all the material ahead of time so the board can jump into it. So I won't schedule you until we hear from you that you're at a point that you have some detailed material that we can consider.

We'll do all that to see how it goes to the portals and where we'll see future points of contact. Yes. Well, thank you for your time. Thank you.

All right, first student.

Thank you for your life tonight.

I want to try to return her.

Yeah. Seriously. I didn't expect him to have a new life. So nice that he did. So yeah. Show it to you.

You know, at least they all know that. They should all be able to understand. Everybody's point. It's not the same choice.

Because of that hillside.

I'll just update the board.

So last time we left, Two weeks ago, we intended to do a decision tonight, and you have a decision in front of you for the project. Dave Church put this one together with a little bit of help from me, not much, and it should be the red line version. So my intent was to go through it briefly, but then get into the details of the conditions. But in the meantime, Mike Klein and I had spoken on Friday, I guess it was, and it indicated that they're taking a different look at the site and they want to make some changes to the site plan as it stands right now. So hold that fact. we still need whatever we do, we still need the input from the CBA, right? There's the variance that they've applied for to put that box that's up in the front that they have to get a variance from because it's sitting in the wrong place in the court, not in accordance with our zoning code. So is that, and there might be an additional condition diesel tank. So I'll stop there. Mike or somebody on your team, do you want to update us on what your thoughts are recently?

Well, the ZBA is scheduled for this Thursday night. So we're on that agenda for this Thursday. If we want to go, do we want to go through the memo with LaBella?

No, we're eventually going to get there. What I'd like you to do is to tell us right up front what your new proposal is for the site plan. Then once we discuss that, maybe our attorney has some ideas on how to get around that. Then we'll go into actually reading a good portion of the decision. And what he's referring to are the comments that LaBella made that hadn't been dealt with up until about a week or a week and a half ago. which found their way into the decision. A lot of those comments had to do with the oil tunnel, which is, you can talk about the oil tank.

Sure. So after going back, and we, as you know, we have ran this down so many ways, so many different scenarios, and we've come to probably the best case scenario, I guess, for everybody, all parties involved, as well as environmentally, the best scenario that we can look at. And we are attempting to throw out the option of being able to, let's go ahead and remove the tank completely to remove all fueling operations on that site, which eliminates all the environmental concerns from a fueling standpoint. But For a concession, we'd like to reintroduce the five additional buses that we originally asked for, for a total of 25 buses, which the school district has been awarded 25, which solves the problem of having five additional buses over the school district facility. So this is one main hub for all the EV school buses at this facility.

So there'd be no fueling of diesel whatsoever. That's correct. And of course, by decommissioning that tank, this whole process in New York state, you have to go through a DEC. So you'd have to follow all those steps and satisfy them as well as us in the building department that that's all been done. So when Mike mentioned it to me, it made some sense. We chatted about, well, we chatted about the possibility of taking that entire back wall, if you would, the back fence, and that whole area would have some additional buses, even to the point of being able to stretch out the distance between the current 20 buses. If you remember, I think we got four feet between each one of them. So it seemed to me when I measured it, if you get rid of that diesel tank, between the last bus as you look at the property the last bus along that fence and Going all the way off to the left, you got about another 125 feet to work with to line up buses. So I think you guys are aware of the fact that the fire department has a problem with EVs, issues with fighting a fire and all that. And we were trying to get as much space between the buses as possible. So... Perhaps the board could even be more enticed, if you would, to agree with putting the extra five buses there, if you found a way to also spread those buses out even more than you originally anticipated, using that extra space up there against the fence. Now, I know if you go too far to the left to that dirt road, you're going to be interfering with some parking that you have there. So, you know, I'm just... eyeballing it, of course it will have to be laid out, but to get another foot between all of the buses would be very attractive, certainly to the board, or a foot and a half. My attitude when I told him was, What you're proposing makes sense, but the board is going to have to make that decision whether or not we're, we certainly would like to get rid of the tank, but whether or not it's viable for us to add five more EV stations. Mike also asked me, he said, do you think we could get an approval tonight subject to all this other stuff? And I guess we could put another condition there. There's already a condition there that says they have to get ZBA approval for that box, if you would, out by then. There could be another condition that we approve it, but we want them to come back with a new site plan. And that's sort of ass wise backwards because the key part of what we're approving is the site plan. And we don't have the new site plan that reflects the getting rid of a tank. So Dave Gordon had already suggested to us that maybe we approve something tonight Um, and then they, you guys come back. To us and apply for something additional, mainly the 5 buses. In a little blue and getting rid of the tank. That way, it would be easier for us to approve site plan as it is. with the tank, with all the conditions. We don't have to manipulate the, we'll still read it. We don't have to manipulate the decision too much. And then you come back to us once you get the ZBA approval, or if you get the ZBA approval, you're done. But you come back to us with the five buses, assuming that you get rid of the diesel tank. The key to that, Dave, correct me if I Got your input incorrect. But the key to that, this board is conceptually going to need to, I think, agree that we'll do that trade-off. Because if we're not willing to add the five buses, then they're just going to leave the tank there. And we just approved what we have on the plan and what we have in the decision for tonight. So... That's what I have to think about since we talked, since you called me an hour and a half, two hours ago. And for full disclosure, we also talked last Friday when I was asking him to fix all the other things that LaBella had come up with. And we got those series of memos from them agreeing to everything that LaBella had laid out. So there's been some back and forth. I guess you could call it horse trading. But I think the cleanest thing would be to approve what we have in front of us. And David Gordon, I'm going to come to you. And then you guys come back and ask for the extra five buses, assuming that you get rid of the tank.

Yeah, that was going to be my... Honestly, I think that sounds very workable. The key for us is being able to go back to the EPA tomorrow morning and give a green light on the existing one. And then if we come back with a...

with the tank level uh those two would be linked together I imagine right so it would be I guess it would be another help me out here Dave uh church it'd be you'd have to go back to the building department with an amended site plan and you come to us with amended site plan so you have to go we have to go through the process again if you would through the building department but it's No big deal if you would. We'll get you on the agenda knowing that we talked about it. We'll get you on the agenda, go through the new site plan, right? Make sure that it suits everybody on the board, how it looks, what it looks like. And we go forward with that, but it would be a new application. much simpler in that you make an amendment to the existing site plan.

Is the existing site plan at 20 buses?

Yeah.

So that would be the amendment?

Yeah, to go to 25.

So we wouldn't want to be in a position where you guys are looking at the whole site again and going through all the motions that we have for this 20, including not doing the additional stormwater. So we would be operating tank on site correct until we get approval for that additional five buses yes but realize that if you take two years to come back to ask for the five buses we will be back tomorrow to ask for the additional five months i mean we we would like to ask for that tonight if we could but

Well, all right. So let's talk about that first. Dave, you cautioned me about doing that because it was, in my words, ass-wise backers. Why don't you put that in legal terms?

Okay. I assume that the board is going to want to take a look. at the addition five buses and the configuration that's necessary in the spaces. As a result, it's not, up until now, we've been very conscious of your presentation that this is, that there are significant time constraints and I'm sure the time constraints haven't worked out the way you wanted, but we've known that the EPA grant was a major time constraint so that everybody was working as hard as they could on this, although it may not have seemed as quick as you might've liked. That was our goal. That's brought us here tonight. It's your choice. If you want us to look at an extra five buses, the board has indicated that they're going to want to look at it. So it's not going to get done tonight. So the choice you're facing is to have an immediate approval as quickly as possible to land this plane, essentially, but it would be at 20 buses. And then, as I told you before with the cube issue, you're welcome to come back You're welcome to come back for an amendment. So it's unfortunate that the planning didn't take place before, but that's what we're facing now. If you want to delay it for a month, if EPA is going to just take the pedal off the gas and we can take another month, a month and a half, however long it's going to take the board to look at it. And I don't want me to speak for the board, but I assume you want to take a good look at it, given the fact that the proximity of the buses to each other is an important issue, both in terms of the safety concerns and just in terms of the overall cycling concerns. So it's going to take another X number of weeks to do that. The two choices you have, neither one of which are perfect, is just to string out the approval process another five, six, you know, month and a half or whatever, and hope that Hopefully we'll get EPA's acquiescence to that. And we'll just go back and put together another plan. Or we can do the approval tonight. We have an approval to go through. You will have to go through the process again. It's going to take several months. You'll have to get it tight, pay your fees, and come back. I think that makes sense. Yeah. All right. So what's your... We'll go with it.

You want to get it done tonight. Okay. So we'll get the EPA and we can solve that problem. And when we come back for the five...

So more public meetings, full meeting with everybody again, or is it just we sit down and show you the plan for adding the five?

It's up to the board. I would suggest that some of the issues will have been taken care of through this process, and some issues will still be outstanding. We have to go through the whole process.

You have to do seeker. You have to refer it to the county.

It's an amended site plan. It's required to

process it may be quick because you just did seeker but you still could do it these guys are type two type two right that's a mistake i mean two months ago yes exactly sorry no seeker you got to go back to the county that's only once a month yeah i just

to prove something that we don't have in front of you.

Yeah, it's not going to happen to me. It doesn't happen in real time.

Better known as doing it housewise backwards. Yes.

Maybe 62 days, right? Maybe a couple of months. You know, like, just to take a second look at the five buses, give you an inside plan approval. To do amended after this one. So that's your time frame either way.

I think what Rick had mentioned earlier makes sense to do. Let's go through the process today. We're done with EPA. If we don't come back tonight, we won't have to worry about the nurse. So if we can get that tonight, then the process to look at the five. The other thing I do want to make sure, though, the five buses, Thus, the fuel tank removal pretty much has to be contingent on the five buses. Let me explain why, by the way. We go agree to remove that, but we have no way to fuel our fleet. It'll be a significant headwind. that is probably not only logical if there's five more buses that aren't going to need to be fueled, but the value of solving the problem of not giving back more money, that was the offset for ripping the tank out, which is going to be some money, a process, and it puts us in a boat where we don't have the ability to fuel buses. We can solve that, but really the thought process, and again, all this goes back to, if we could talk 20 tonight, We'll go work that I was just more explaining why I just want to make sure that it also seemed to me.

I mean, not to get into it. It also seemed to me. You didn't have enough money to put the 5 buses on the school district property in terms of the construction course. By putting it on this site, you're going to have that money.

Yeah, yeah. The reason we were still, if you remember, going to try to pursue an alternate P5 bus solution with the school, but the roadblocks there are considerable, and there are roadblocks and financial roadblocks. This is interesting because it might solve a lot of the concerns of folks in here, but for us, then, it puts us in a bit of a weird spot that we have to solve things, but the solving things could be worth it if it allows us to take advantage.

So from my perspective, I don't know if the board shares this perspective, but I'll tell you what mine is, is to get rid of that diesel fuel tank and to have another five buses there, but have everything spaced a little bit better.

To the degree that we can, because there is a leach field in the back corner there. So space is limited.

There's a septic tank back there too? Leach field. There's a leach field, yeah.

We can probably add some space. I'm not promising one additional foot.

We're not going to solve it tonight, but from my perspective, getting rid of the tank and having all the buses there the advantage to us is getting rid of that tank, or to the community is getting rid of that tank.

I agree. I don't know what's driving the extra space between the buses. Personally, I don't see that as being... It's fire. It's fire. They want it. They'd like it.

Sure. They'd like it. But keep in mind, that would only be the back row. The side row would stay in the exact same space.

Okay. It'd be positive.

We're talking about what a new site plan would look like. Yeah.

So let's wait until we get the new site plan. I just want to point out, I'm sure you guys know, but the site plan approval is going to require remediation of the potential runoff from the site. largely due to the um the tank i mean so uh when and if you come up with an amendment site plan that would get rid of that that would probably get the board would probably get rid of that requirement it shouldn't be i'm not sure if even if even at the tail end it'd be a quid pro quo you guys can propose what you want the board will ultimately do what what's necessary to protect you know the town but uh if you're interested in the trade-off, that would obviously, that would become much less important.

Well, that was why I thought you were doing it because of the cost of doing that underground remediation that I talked about. I think you mentioned a figure of $125,000, $150,000 to do that. So I'm assuming that that was, you blanched at that number.

We have outspent the project significantly already. So there, I hate to say it this way, there's literally... There's no money to be spent. So we're kind of trying to figure out creative ways to get around that.

We also want to address the school district's concern of not giving up my buses or putting a cost on them to put in somewhere else. It's a macro picture. It's not a micro picture.

We're not trying to blow $125,000 in cost on them. This solves a lot of issues. It's an overall significant benefit.

I was just going to say, if you don't already have... an approval from EPA to take another couple of months to amend the site plan. Let's get it done. And then we can come in and change things around as is helpful.

All right. We're going to read the decision.

We have approval for the 25. EPA, we've got the funding for the 25 buses. You do? Yes. That exists. We were going to give up. We have that to start.

Or we were going to. No, no, no. But there's a concern about getting it done in time to get.

The EPA wants a clear signal that this project is going to happen one way or the other. If it's one bus or it's 25 buses, I need that to not.

Tonight? Yes. Well, then let's do it. Let's rate it. All right. You don't have to start the project.

We just need the approval. We have an approval already based on these plans.

We can amend it as you said. We do need to move.

I do want to get started because costs keep going up. Data centers are sucking up every piece of switchgear in the country. It's driving up prices.

And diesel is not going to accelerate either. Rick, I have a couple of questions about site plan changes, if we could do that after the decision.

So we're going to do the decision. Does everybody have the decision in front of them?

If not, I have something to share.

Stacey has some copies. Stacey, tell them a way to find the decision online.

Well, that version is in the email.

Because there was a change.

Okay.

So the version that you get that's being passed around, you can find on... Are you guessing it around? I have two to pass around.

Is it the September 10th email? No.

Um, is it, is it then yesterday?

Give me a, give me a second to check the dates on revised final.

Second, revised finals, second, revised final yesterday.

That's clear yesterday at either 632 or.

5 something you talk about emails. Yes, from page 5 on email, the red lines on the version you got.

It was an email from me at six something last night. And it said, final, final, final. Stacey, hold on. We don't want to. Make more copies. Make more copies.

You want me to read it?

No, I'll take care. Stacey's going to make some more copies. Who could find it over there? Did you find it?

I reviewed it. So I don't know why. I think I have it. You said it was late yesterday, right?

Late yesterday, 6.52, I think it was.

There's one from 9. Well, it was this morning.

Yeah, 9.11.

Yeah, 9.11. I don't work. I'm sorry. But the board got it late.

The revised, the second revised version. You sent the second one. Yes. Some of them sent it earlier. Yes. Chris, you wrote it.

And you'll review it. I don't have it. I was confused with the second revision of the final draft decision. I don't know. Second final draft decision. The second revision of the final draft decision.

Tell you what, why don't we take a five-minute break while Stacy's making more comments.

Thank you. Do you want me to wait another seven minutes?

Let's go down the issue. Yeah, I think.

Say that again. Thank you very much. Thank you. Not much. Maybe six inches is about the version. Yeah. That's not what we're doing. Mm-hmm.

All right.

So when I was in the US, I was in the US. I was in the US. I was in the US. I was in the US. I was in the US.

Uh, what do you mean? Yeah. Yeah. Yeah.

It's a 2009 unit. So yeah. I don't think we changed it. I don't think we changed it. I don't think we changed it. I don't think we changed it. I mean, yeah. Thank you. I have one. Okay. Thank you. Sure. Yeah. Yeah. Yeah. Yeah. Yeah. I know what I just said, you know, people. You know, I don't know.

We're all stepping. Yeah.

Well, that's OK. Yeah. Thank you. I'm always the giant that's done, then, you know. So. Thank you.

All right. So the first page of the decision is just the static information about the project itself. It starts with indicating that it's a special use with an amended site plan, that it's for 20 EV buses. It gives the SEL number, the total acreage, 1.75 acres. Then down at the bottom of the page, it starts with the documents reviewed. I'm not going through them. It goes on for 1, 2, 3, 4, It goes on to the top of page five with all the documents that were reviewed, submitted and that we reviewed.

Should I let you know of some typos that are in this decision?

Yeah.

Okay. Page four. Go ahead. Fire department quick response guide. Yep. First student. First student. Yep.

Dave, that's one, two, three, four, five, six bullets down.

One, two, three, four bullets from that. First student submission package responding memorandum. Memorandum, yep. Yep. And that was it for typos on with plans.

Okay. So I'm at the top of page five.

Oh, wait a minute. And then also at the very bottom of the page. Page four. Yep. Copy of email from Chris LePine.

Yep. Not for And let's decide who's going to be who's keeping station. He's keeping But you can do to back up. I notice a public hearing. So the public hearing was held on 810 2026 published in the Sri Lanka journal. It was also posted on the town of Rochester's bulletin board and website. Public comments were made and received. All the comments were in support of the project. And then findings. So let me go through briefly each of the findings. Number one indicates when we received the CEO's determination letter. Two is the size of the parcel and what zone it's in. Three, the applicant met with us in multiple meetings.

Go ahead. Can I make a comment? It should be in response to these discussions, not this discussion, since there were multiple meetings. Tell me if I'm nitpicking.

Multiple meetings to discuss various items.

It says the site plan supporting was revised and updated in response to this discussion, but we talked about multiple discussions and meetings. These discussions. These discussions.

Okay. Sorry. Number four. Applicant has also met with town engineers, consultants, and with the leadership of the Yakwood Fire District to define and resolve issues associated with project site design, act of protection, and fire safety. Outcomes of these meetings are documented in memorandum listed above from LaBella Associates and from First Student. Number five, with public notice, the planning board opened the public hearing of this application on August 10th, 2026. All comments received were in support of the application. Six, the planning board declared a self-lead agency as per seeker, determined the action to be type two, et cetera, et cetera, et cetera. Seven, The application was referred for comment to the Ulster County Planning Board. Set board return recommendation memo referral number 202-6071, dated 6526. Recommendation was no countable, in fact. Okay. This one should read. Do you all have a red line copy? Yeah. Okay.

I do have a comment before you read it, though. Go ahead. I just put NYSDOT in front of Route 209 when you read this. So it should read, no disturbances proposed in the NYSDOT Route 209 right-of-way. I think you need to identify it as a state route.

There's a typo there for no. It's one word.

It's there for no. Where's the typo? There for no.

There for no.

Okay, I have 1 thing too.

Okay.

Um, I just uploaded the working session summary today. So that needs to be added to the file is considered. Part of the record. Okay, so there was a working session summary. I just put it on medical up today.

There was a working session meeting between the fire department, Bella. and a couple of members of the board on the 31st, two weeks ago on the 31st. So that just needs to be added to the documents.

The document list?

Yeah. Because, yeah, it was the minutes from that meeting. Stacey will add it.

Not to be picky, but this is a list of things the planning board reviewed. They didn't review that because it just got posted.

Right. So what do you want me to do? Oh, okay.

Well, I can do whatever you want.

What do you recommend? The other one I brought up.

Three pages of documents. One more is no problem.

Okay, then put it on.

Stacey, you can just get a, do you want to do it or do you get a title? I can add it.

Okay. Stacey will take care of it. And I'm sure the board will read it.

I got it.

Number nine on page six, the applicant has been referred to the town of Rochester zoning board of appeals for a front setback variance for a proposed power cube utility feature. Decision from the CBA is pending. And number 10. The applicant has provided the planning board with numerous documents and studies professionally prepared and consistent with town code requirements, including section 140-55 special use review criteria, each review by town engineer and or planner and the planner and when necessary, each with supplemental comments revisions provided. Each study confirmed that the proposed application will meet performance standards set by town code for the commercial use proposed, And the application is not expected to pose any potential for significant adverse environmental impacts associated with traffic, groundwater quality and quantity, stormwater and erosion or fire safety if all the conditions defined below are followed. And then the standard findings were prepared by the chairman and or town planner were read and discussed as needed by the planning board in a public meeting at the time and place of adoption. now resolved, the Town of Rochester Planning Board hereby grants special use permit with site plan final approval permitting the construction of the EV charging stations on the site of First Student Bus Garage at 5147 Route 209 pursuant to a proposed site plan dated Mike, what is the date of that site plan?

Before you go there, I think that sounds lovely. I think our copies and the copy, it looks like we're over in the restaurant, though. I'm sorry, by the way. We can put it in the back. Yeah, it's like, look on social. Wow. It didn't get fixed anymore.

Again, as long as you get what you said. Okay.

What I really need is a date on the last site plan you gave us. Thank you for that anecdotal story.

And it also charges school buses. Michael, I'll come back to you. How's that? The last set of plans that our office reviewed was August 30th, 2026.

That was the last set of site plans. Does that agree with what you have, August 30th?

That's right.

September 9th, 2026. And all the notes that I just submitted as of like yesterday, electronically. And you said, don't send any copies, hard copies. those plans that September 11 plans include all of the comments that Lavella had in their memo that included like the timing for the fueling and all the notes that they required were requested to be in the plans looked at instead of this state.

Chris, would you speak up? I can't hear you.

I said I think what we should reference instead of the initial submittal in July of 2025, I think we should reference our August 30, 2026 plans. Agreed.

Well, I have an honest problem with that is some of the references in this document. All right. You know what? We could do that.

The plans are technically dated August 28th on the sheets.

Is that what you have on the list of documents?

That's the date on the sheets submitted.

All right. So we're going to use August 28th, 26th. The plans that you submitted with the updates of Chris's stuff will be the plan set that I approve. General conditions of approval.

Great. It mentions in that final site plan for awkward social last sentence item number one.

We're on your line.

We know general conditions. Oh, yeah. Number one.

First one.

It's the first. Yeah. Final plans for said, which will be entitled final site plan for awkward social. That needs to be stricken.

So what should it say, Dave?

To DL. LLC, a. K. A. 1st student.

Stacey got that.

Yeah. What did we change the paragraph of that to where it says restaurant in the day? No, where it says restaurant and what should that be charging stations?

On the side of the 1st student bus garage at 5147 round 209. Yes.

The chairman.

Okay, you've got The 2D LLC first student.

Okay, Rick. One other thing is getting back into go back to the next part of the above paragraph saying now resolve the town of Rochester planning board here by grant site plan final approval and a special use permit was that was the action in front of us. Correct.

Are you with the paragraph? It reads, the Town of Rochester Planning Board hereby grants special use permit with site plan final approval.

It's not online.

You got an extra copy for me? It just says not around.

for a special use permit so it should be reflective correct yes yes okay i got it okay all right so it should say the town of rochester planning board hereby grants okay i see what happens you have to have the one that you have doesn't have your urbiage special use permits and So giving that back to you. So in your what Stacy gave you needs to read the town of Rochester planning board hereby grants special use permit with site plan final approval. It's both.

Correct.

Right. Permitting the construction of the EV charging stations on the site of first student bus garage at 5147 Route 209. Pursuant to a proposed site plan dated 82826. subject to these general and specific conditions of approval.

All right.

The general conditions of approval, we fixed that final site plan for at-court social, so we'll fix that. The next one is a standard general condition that we put in. The next one, number three on page seven, same thing. Number four, Same thing, it's a standard one that we use. And number five, owner's consent block, that's a standard. Now we're into the specific conditions, and this is where a number of changes were made. So if what I read is not what you have, it's what I'm reading is what's correct, and I apologize. Prior to the site plan signature by the planning board chair, the following will be provided. A list of bridges and weight limits will be filed with the town's CEO, Ackford Fire District, and applicant, highlighting those bridges whose weight limit would restrict school bus use. Next one, a clearly marked emergency or isolation area for a bus experiencing operational problems shall be shown on the site plan sheet. Added to that is A letter from Central Hudson Gas and Electric indicating that they have sufficient electric capacity to serve the applicant's project. And also documentation showing the locations of all electrical disconnects on site. Number two, the subject site shall always comply with town code Section 140-20H relating to illumination of the property and off-property impacts. There will be a 10 p.m. lights out requirement. Lighting will be turned off or reduced after that time, except to provide the minimum necessary for security, safety, emergency access, and code compliance. Additionally, the lighting plan provided shall be revised prior to the site plan signature by the planning board chair to address all outstanding comments made in writing by the town engineer. So, Mike, those are the comments that you're referring to in the document that you got me on September 9th, I think it was. Yep. Three, outdoor amplified sound is prohibited except for emergency purposes.

Is that a remnant from after social? I couldn't, I had a little note. Why this?

Why don't we have a... That's Dave. Okay.

Fine. Just asking. Let's assume it was a remnant from after social.

We're going to leave it for... No, you're doing it for your commercial projects.

It doesn't have... Yeah, it's for the exterior speakers. Number four. No battery repair, replacement, maintenance, or storage on site is permitted, except for batteries installed in the bus and buses... No battery repair, replacement, maintenance, or storage on-site is permitted except for batteries installed in buses. That's contradictory.

Well, it's storage on the site, so they're saying, you know, it's like, I think it's... Oh, okay.

You can have a battery in a bus. Or storage on-site except for the battery in a bus. Okay.

All right. But they said they're going to send it to the supplier anyway. I don't have an issue with that.

Any battery-related work will be performed by the original equipment manufacturer, better known as the OEM, or an authorized dealer at an appropriate off-site facility. So that would make sense. Number five.

Hey, Rick, one comment on number four. I just want to make sure that the no battery repair replacement maintenance storage is just related to the EV batteries because there are batteries. But I just want to make that distinction. There are batteries for the diesels. Yeah. Then we have one site. Yep. Okay. Not acid batteries.

Yep. Not the EV batteries.

Correct. I think we should, we should want to put EV there. We should specify that.

No EV battery there. So start the sentence off by no EV battery. How's that?

Correct. I think the appropriate language would be no lithium ion batteries. Iron. No lithium.

Iron or ion?

Ion. Ion. Lithium hyphen ion.

But I thought they're using iron phosphate.

So the first sentence, the way I understand it is, batteries in the buses, they're okay. They're lithium-ion. But the concern is the buses are going to have 12-volt lead-acid batteries. As well. And the maintenance facility is going to have lead acid batteries as well. Right. So they should be able to store those in the garage like normal practice.

Right. We're talking about EV batteries.

Yeah. So what we're trying to prohibit here is the storage, the replacement, the maintenance of the lithium ion batteries in the facility.

They're not using lithium ion. They're using lithium iron phosphate.

It is a form of lithium ion battery. It's not the same thing. So NMC, LFC, they're lithium ion batteries.

So would it be incorrect to use the more specific thing that they're using, lithium iron phosphate? Would that be incorrect?

Go on.

The answer is no.

Because that's what they're using.

You're saying that lithium ion is a more inclusive term?

I'm saying lithium ion. I-O-N.

I know what you're saying. I'm saying it should be lithium iron phosphate. How about we do this? It's more specific. How about no lithium ion or lithium iron phosphate batteries? We'll do both. Okay. So no lithium ion... Or lithium iron phosphate. Stacey, I'll wait for you to catch up. Batteries. Does that hit the nail on the head? Okay. No lithium iron or lithium iron phosphate batteries. Battery repair, blah, blah, blah, blah. Okay. Number five, there is a pending application to the term CBA for an area variance for front yard setback associated with a proposed power cube utility feature. This approval is subject to all decisions and conditions of the CBA decision. Should that decision require amendment to the site plan as presented, the applicant will need to return to the planning board.

I think you should add for approval. We'll need to return to the planning board for approval.

For review and approval.

Or just approval. I don't know about the review.

Okay, for review and approval.

But they can just show up to the plan board and say I'm here.

If you get the approval from them for the location, you don't have to do that. But if you don't, you get a want to take, do plan B, C, or D. Number six, the applicant has provided a landscaping plan. A final schedule of landscape plantings, including type and location of plantings, will be provided to the planning board and approved by the planning board chair prior to the signature of the final site plan. Is that okay and acceptable to everybody?

Yeah.

Number seven, to ensure the subject site remains compliant with the town aquifer protection standard that is only for those Prior to an issuance of a certificate of occupancy, the applicant will implement targeted non-infiltrating stormwater treatment practices, such as underground stormwater filtration treatment device solely dedicated to mitigating the runoff from the existing and continuing diesel fueling area. Any underground stormwater filtration treatment device will house rechargeable media-filled cartridges that trap particulates and absorb pollutants from stormwater runoff that may contain diesel, fuel, or oil. The code enforcement officer, CEO, may confer with the planning board chair and or town engineer prior to issuing a CO. Jennifer, you had mentioned something.

Yeah, I was here at the last meeting, but, you know, During my job I work on water supply products and we're an unfiltered water supply, so we speak up we're unfiltered the water supply workforce unfiltered, and so we have a lot of. watershed protection and that includes stormwater controls to maintain the quality of the source water, and this is something specifically that we do not do. Because of the cost and overall ineffectiveness because of maintenance and things like that so. I'm a little disappointed that it ended up in the decision. I'm not necessarily suggesting that we change it now because I think what's most important is about getting you guys an approval you can move forward with. But if this does come back to us, I would like to revisit this item. No, I'm saying for the current approval. I understand that this is, if they remove the tanks.

All right, so would this be solved by simply saying, or some other method? But you're suggesting that this method doesn't work?

I'm saying that, especially when you have the underground and you have to, the maintenance on these is pretty intense and it's costly to install, like you guys said. The maintenance is pretty intense. And so even though the design is effective, the actual implementation, the realistic implementation, it doesn't get you what you want.

So what do I want to avoid? What I want to avoid doing at this time, you weren't here at the last meeting. I appreciate that you're bringing it up. Our engineer recommended this. It's for the current situation. We're going to go with it. Yeah. Okay. But if you guys come back, this obviously goes away because it's not going to be a diesel tank. Do you want to carry that, Jeff?

Yeah.

I just want to say for the record, because I think it's necessary, that these types of practices, they're only effective if you maintain them, just like your cars, just like anything else. And I've actually implemented these processes in the DAP watershed on projects before. And they have been effective. And once again, they're effective. Once again, you have to maintain. There is urgent cleanups. We've done these on other. I've used these on facilities and proximity to wetlands and streams. It's a maintenance item.

But just like any other stormwater practice in New York State, you're supposed to maintain them on a three-month basis.

Okay. So let's proceed. All right. Number eight, prior to site plan signature by the planning board chair and consistent with the act for protection overlay district requirement of the town zoning code, the applicant will provide for the record a statement that the site uses do not include activities that would exceed 1000 gallons per day on average of water or sewage use. The applicant will also provide a statement and map if applicable for the record related to any treatment, handling, storage, or disposal of hazardous waste onsite consistent with the definition of hazardous substances versus waste in Town Zoning Code 140-3 and the documentation required in 140-5.1, Section 6. So we need a statement about the 1,000 gallons. And then we're also going to need a statement or some indication. I thought I saw it in the stolen water protection plan, but how you handle the hazardous material. But I need a separate memo concerning that. And that is a condition, so I'll need that before I sign the map.

Or the statement could say they don't have any

No, they do have.

Okay. Okay. It's the specific definition referred to in the code, which refers to environmental conservation law.

Right. Okay. So number nine. For the proposed isolation area shown on the site plan sheets, the relevant sheets will be revised to the satisfaction of the planning board chair prior to the signature to show permanent markers delineating the isolation area, as well as the location of non-planting signs for this area. So I guess this was one of the things that LaBella pointed out didn't appear on the map that they were looking at. So there needs to be indications on the map of what kind of signage you're going to have to prevent parking and also where the isolation area is. So presumably that's on the new map that you sent us last week?

Yeah, I believe it indicates the isolation area. But not the signs. But not signs. Okay. I don't believe they're signage, but we will... The difficult thing I was trying to understand is those six-inch yellow whiskers, how they're going to be installed in the gravel area to be maintained so that you have a full visible area. We'll maintain it. We have several sites that are nothing but gravel, not less, that we maintain these whiskers as parking lot lines. So we do it on a frequent basis.

All right. So what's missing is a sign. Okay. That indicates nobody else can park there. Sure. The purpose of it. It's an isolation area. Nobody else can park there. Number 10. Pursuant to Town Code 140-56, the applicant will provide the town a performance security for certain purposes in an amount performed acceptable to the town planning board chair and the town board. Actually, it should just say town planning board.

You what? They're coming back.

Yeah, you're right. If it's okay with the board, leave it as town planning board chair. Okay. And the town board in consultation with the town engineer and town attorney. Such performance security site improvements shall include landscaping. So these are the items, Mike, that need to be bonded. And the bonding is there. If you don't do it, we cash in the bond and we do it. Yep.

That's not a problem.

So these are the items that need to be covered. So we're going to need an estimate of what the bond should be. The engineer, our engineer for the project, will take a look at it and say whether or not it's reasonable. And then it has to go to the town board for them to approve it. For the bond amount? Sorry? For the bond amount? Yes.

Okay.

And the town board will also instruct you as to what kind of legal documentation they need. And the bond is either letter of credit, surety bond, or cash.

Okay.

So covered there is landscaping, exterior lighting, and screening of the proposed power queue and transformer, as well as other improvements proposed for stormwater control and for problem bus isolation area. The applicant shall comply with and document all improvements or requirements of the performance security prior to the town issuing a certificate of occupancy for the invented site plan. This will include approval by the town engineer for this project and approval by the town board of the bond amount in a form consistent with section 140-56 called bonding of site improvements.

So I'm assuming if the tanks are removed, then the bond for the stormwater upgrades goes away. Right.

The applicant number 11 will coordinate with town CEO and fire inspector and the ad court fire district to provide periodic training to all first responders. A schedule for initial training will be provided to the CEO prior to issuing a certificate of occupancy for the amended site plan. Number 12, the following notes shall be provided on the appropriate site plan sheets as approved by the planning board chair prior to signature point. No diesel bus fueling shall be conducted during peak hours of electric bus operations, which are between the hours of 7 and 9 a.m. and 4 to 6 p.m. Again, that goes away. And the original purpose of that was there was a concern about too much traffic at that particular time, at that peak time. All these specific conditions of approval for this project shall be recorded on a final site plan sheet before signature of chair.

So jumping back to 12, are we still on 12? Are we still on 12, item 12? Yes. Obviously, if the tanks do go away, that also goes away to the traffic congestion. So I just wanted to put that really different decision then.

right well when they come back yeah it's a little bit different right now what i'm saying is this this is what they have to live up to if they then tonight at midnight submit a new application to the ceo this is i've indicated they're going to look for something else then this would be on hold but it gets you at least to the epa to say we we got it exactly yeah okay Number 14, as per section 1453 of the town zoning code, this special use permit approval must be renewed in one year from this decision being signed. So you have to come back in a year to make sure that all the conditions that have been agreed to are in fact being practiced. Should all conditions of this original approval be met and after a public hearing, the Planning Board shall grant renewal of approval for an additional year for each of the successive two years following the first renewal and following the same procedures consistent with Section 140-53. So what this means is you're getting a special use permit And if the diesel stuff goes away, the kinds of things that we want you to come back to reapply for this special use permit would be whether or not the isolation area is being maintained in good working order. A whole host of things that the board may become aware of, either because of a complaint from the public, whatever. So this is to ensure, kind of hold your feet to the fire, that the special use permit that we're granting you is in fact being followed. And what we're asking for here, and I know, Dave, you had some suggestions that maybe it's too long. Dave Church, we're asking you to do this every year for three years to come back to us.

But this only applies to the site as approved by this board if it gets approved tonight. No new additional items over those three years. It's just violation of what you guys are approving tonight.

Correct. And when you come back, and I'm using the word when now, when you come back for a different approval with the additional five pluses, A lot of this will change.

Okay.

Okay. Anybody have any other comments up to this point? The town of Rochester Planning Board further grants authority to the chairman to certify that these conditions have been met, at which time the chairman is authorized to sign and date the plan without further resolution by the planning board. So the only thing that you guys gave me approval to do without coming back is to landscape it. The Town of Rochester Planning Board further grants authority to the Chairman in consultation with the Town Planner and Door Code Enforcement Officer. to prove minor site plan changes of a ministerial nature, which may arise due to unforeseen circumstances in the project site development. We're adding this. This has been added to all the decisions that we've done. Kind of allows, not so much me, but Northern CEO to make small minor changes. An example of that might be the positioning of a garbage can or the Dempsey dumpster, that sort of thing. The site plan approval and or special use permit shall remain effective as an authorization to establish the use for a maximum of one year from the date of approval. The planning board shall have the authority to grant an extension within the one year timeframe. In writing, provided the applicant has diligently pursued the implementation of the plans, such extension shall be granted in six-month increments up to a maximum of four increments. Absent such an extension, the site plan approval and or special use permit shall be deemed to have expired. So what this says, Mike, is if this is what we're sticking with, you have a year to put it in place. Since we're going to be looking at something different, you'll be starting kind of all over again. the effect of the approval the state amendment approval of associated conditions shall be binding upon the applicant and all successive owners of the land so long as such uses use or uses shall occur signed decision shall be delivered to the town clerk within five days of said decision by the planning board The planning board or the owner shall have the responsibility to deliver five site plan maps to the planning board office for signing by the chair within 30 days of this decision. One map will go to the owner, building department, the assessor, and the PB file. Draft resolution was prepared by the chairman and or town planner, was read and discussed as needed by the planning board in the public meeting at the time and place of adoption. Motion made by... I'll make a motion.

I'll second it.

Dave, Helena, seconds. Got this, Stacy? Yeah. Okay. Adopted tonight, 9-14-26 for the following vote. All those in favor?

Aye.

Anybody opposed? The chairman votes aye also. Anybody opposed? No. Okay. So seven, seven to zero.

Thank you.