Planning Board Meeting

All right, look. something to murder. That's a murder shapes.

Five, six, seven. Okay, I guess we'll get started this evening. Like to welcome you to the planning board meeting. Um, we do have quite a lengthy agenda this evening, so bear with us. We'll get through it. Okay. Um, before we start, I'd like to welcome Sven better, who is a new member of our board. And welcome aboard. Well, thank you. Good to be here. Good to see you here. And with that, would you join in the pledge of allegiance, please? To the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all

Mr. Anderson

here

Mr. Shani

here

Mr. Jardina

here

Mr. Better

here

Mr. Malta

here

Mr. Gassic

here.

Miss Corsy

here. Mr. Artuso

here.

Mr. Chardy

here.

Okay. Um on the agenda for sed we have two different phases of Aberdine. Aberdine estates phase two and phase three. Apparently phase three is going to be tabled.

That is correct.

Okay. So we're tableabling uh phase three to the what? April 7th planning board meeting and also there's been an error hopefully nobody's here for these two auto sales and waterview both of those projects were not published in the paper there was a mis misprint in the Webster Herald and those two just didn't get in there so sorry to say that table goes to also to the April 7th meeting so that would be Best Buy Auto Sales and Water deal. So those there are three tabled items that will not be heard this evening. So with that we can get started. Uh Mark, why don't you go ahead with the first one please?

Aberdine Estates phase number two located at Hazel Head Lane. The applicant Forest Creek Equity Corporation is requesting final site plan and subdivision approval in association with the development of 20 single family residential lots on a 17.10 10acre parcel located in a single family residential district under sections 269-10 296-18 and 350-12 of the total town

gentlemen

good evening how are you Jared with Evans Fox on behalf of the applicant for free equity corps I'm here with Walter Baker the engineer project as the board is aware we appeared before the board in February there were some comments and feedback from the board which we took to heart. We did have a chance to meet with members of the town and discuss some of their concerns and issues. We have submitted revised plans to the board. We've received comments back from the engineer and PRC. I believe we're at a point now where we're requesting asan indicated final for phase two and we are tableing phase three. So, that being said, I open it up to the board for any questions, comments, concerns that they may have.

Well, I think we've hammered this thing around so much. Um, Mark, did you guys have anything? I know you had some concerns.

We have comments

comments on it.

Yeah,

sure. Go ahead.

Do you want me to read them all?

Well, you have it this way. Have you given them both received the list of comments? They got it.

They got it right.

Yep.

If you want to address them quickly or whatever

we've addressed all the comments that I'm aware of today in writing.

We've received some substantial ones afterwards from uh

And you've sent them back.

That's correct. Oh, no. They've not said anything back.

Not yet.

No, we don't have responses to the comments. Our latest set of comments.

So, how very well move forward.

We just received them last week.

I'm sorry.

We just received them last week.

The comments that we've received, all of the substantive issues that were addressed at the last board meeting have been addressed. For example, there was um discussion regarding a conservation easement um that was requested by the town which we sat with members of the town and essentially hashed out what that would look like and set forth in the plans 25 foot wide conservation that would run along the easterly boundary line of the property. Um there were some other comments that were set forth that you recall regarding um setting specific um heights with regard to foundations and something some something along that which have all been addressed. Um the rest of the comments that remain as of right now are just in my opinion they're more technical in nature.

Well, they're technical but they're substantial regards to storm water

in particular.

What uh what do you feel we should be doing then with this stuff?

They need to address our comments.

I'm sorry. They need to address our common.

Yeah, you can at this point.

Why can't we approve it with conditions?

We we've gone through this now three times.

So we've addressed all the

So suppose okay suppose we we give a final approval for the phase two and no work or anything is commenced until all comments have been addressed by the applicant.

That work. Okay.

All right.

Sure. It's just going to make I just wanted to contend that it will make the pre myar process longer than what you expected.

That's fine.

All right. And they have a list of the comments.

To my knowledge, they do.

Maybe we can get a list.

Make sure you got the list.

The comments are just as set forth in your email from last week. Correct.

We have a comment letter dated.

It was emailed out though

on the 24th. Yes.

Okay.

I just wanted to make sure that I wasn't missing something.

Yeah.

I'd also like you not to downplay what our comments are.

Wasn't my

substantial.

It wasn't my intent in doing that. So,

and keep just so that there they address the right part there. Is there comments just related to phase two and phase three or are they kind of integral?

Nope, we've separated them out into phase two and phase three.

Separate sheet then. Okay.

Yep.

All right. And anybody in

the only Thank you for adding a conservation ement.

That was really appreciated. Side

um just not being privy to the discussion on the 25 foot with the rear setback being 50 ft. Is there a reason that it wasn't 50 foot as a conservation ement back

in terms of you say why wasn't the conservation 50T?

Yeah.

Uh we've tried to you can speak more to this but we

yeah we tried to address it in terms of what our our clear line was and have it in conjunction with that. So okay.

All right Derek anybody? The only thing that hangs out all right then let's do this. Why don't we grant final approval for phase two of Everine estates? We make that well we can make well go through our generic schedule here but make that subject to no permit. No need no approval. No no permits. building permits issued until all concerns by engineering department of the town Webster are satisfied. That works

as long as yes, as long as we can make reference to the there's a February 24th email that was sent to us that included the comments and concerns that

whatever the comments are that you guys they can work that with with

Keith. Well, okay. So it it should not be limited just to that letter though because if you if you for example provide responses back but engineering has more comments based on those responses it should not be just limited to that one it should be limited to until engineering is fully satisfies

how we just say issues gerine to the letter

okay we make that all right then and along with that we'll make it as our standard for final uh make that subject to PRC comments which are part of it u subject to any parks and recreation fees subject to all preliminary approvals that were granted u subject to all applicable governmental fees subject to the department of public works approvals which is part of this uh significant construction uh shall commence within one year by the planning for square and um March 3rd, 2027. I'm going to assume that's all done by then. Gez, the conditions of preliminary and final approval are depicted on the cover page of the final design plans. Engineer for the proposed project should provide a letter of certification that the proposed work was completed as per planning board resolution of final approval before a certificate of occupancy will be issued. A letter of credit to the town for the project shall include the fees for the engineer's final certification inspection of the site. All storm water facilities are to be constructed first. All down spouts

are to be connected to the storm source system and make the subject to resolution of the final approved minutes and the approvals are subject to drawing number. Anybody know what that one is? Is there anything out there?

January 13. January 13th.

Yeah.

January 23rd 13th. Okay.

Okay. That would be a motion.

I have a second.

Mr. Kani.

Hi.

Mr. Malta.

Hi.

Mr. Dardina.

Hi.

Mr. Anderson.

Hi.

Mr. Better.

Hi.

Mr. Gassic.

Hi.

Okay. M. We're all set. You can.

Thank you.

Engineering and Hope we keep moving that.

Okay, go ahead.

First schedule item on the agenda tonight, Dinks and Links located at 5m line Road. The applicant Joe Catalani is requesting sketch plan review associated with the re subdivision of land and development of an approximately 39,100 square ft indoor outdoor recreational facility on a 9 acre parcel located in a highintensity commercial district under sections 269-5 296-14 and 350-19 of the code of the Sir,

yes sir. Hello again. I was before you folks 6 months ago I think in August our last meeting which went fairly well. Um I had to go through the DEC process which was a bit time consuming a little shortand there. In any event, we did finally get through that process um January 8th. Um the uh told us that we need to develop a solid part of the road. Um so uh over the next week we submitted to the planning board what that would look like went to ownership from class LLC to kind of swap land around and the subdivision around so that it would work on the south park which we were able to make work. Um the town came back for some comments with respect to where the building would go, where the parking lot would go, and where the field would go. And we were able to make that work. And um so all of that was submitted in early February. The DC asked for a specific map with wetland disturbances laid out for the permit. We submitted that in early February and we so the building has moved around a

little bit. Everything is on the south side of the road which actually works out better from standpoint of people crossing the road. Now the parking right up there next to the building. There's nobody cross the roads anymore. Our handicap parking is right there instead of being, you know, on the side of the building. Um it it seems to work out a little bit better. We size the building down to 12 courts, 14 to 40,000 square ft. a much better plan.

Having all the same

relocating the the drive that goes around the parking lots relocating that

now that that's where that where you have that that's the only place that we could put that road. Um, number one, it delivers right to our parking lot. And number two, there's two problems. One, there's a a small out parcel that was granted to whoever buys that parcel that's up in that orange area that I gave you guys. And so if you cut into that, that parcel becomes without value. And then on the right side, the DEC did not want us to go into the wetland. And it worked out okay anyways because it comes right down to the main curb cut into our building. Since the plans that you have, we've again spoke with Keith um and Josh about taking out the center curb cut and making a cross through traffic so that there's only two curb cuts which is in the process of being done and there'll be across these across the top as well as the bottom

and we'll do six characters but we'll still be um did you re have you received the comments address them all? I have okay afterwards and town is open. You good with all this? Josh, not going through the law.

Yeah, I I think when he goes to submit for preliminary stage that those comments will be reflected. So, yeah, but this is just being a sketch.

Yeah, this is just sketch.

Okay. All right. Anybody any questions on this? Been around a couple times now.

I just want to check. So the PRC comments had a comment about the proposed loop road. Does this drawing reflect what was intended in the PRC comments?

Yes.

That's that's going across the north.

Okay. Yeah.

North edge of the property around the back

and then it cuts back south into the property there.

I'm mentioned black cherry boulevard extension. Is that something

that's something that was from years ago when when St. An's was built. If you're familiar with Black Cherry Lane, it ends at the fence, right?

And the intent was that to run a roadway from there across the parking lot in that general area of Lowe's. And the town at the time had obtained a cut permit from New York State to put an exit onto uh right on to right on to 104.

It was a particular area, you know, under the feeder similar to like up in the village there. Yeah.

Mhm. But I don't know. I don't know what's going to happen with that now. Right now it's and cherry cherry cherry black cherry was actually built the town standards that road

at the time. But anyways, that's either here or there after this today.

Okay.

Um All right. Anybody questions? This again is in here sketch. We've gone through it. He's addressed the comments from PRC and so on. So

I just have one more question. So St. An's on the southwest side. Is that concerned non-residential because the buffer would go to 75 ft instead of 50 ft on the south side.

Uh it is a multi- high density residential district.

Correct.

Yes.

Okay.

That's all.

All right. Um, we did receive one um one letter from Dorothy Fate. She had some concerns on the project and I'll for the record I don't she's here or not, but what we'll do is we'll enter that into the record and it can be addressed approval.

Okay. Anything else? Anybody need questions?

Not well. It's not a public hearing.

That's the next one. But you know what? If you've got a comment, um, we'll let you address it. Just come up and give us your name and address. Okay.

Thank you so much for, uh, letting me speak.

I'm sorry I'm late to this. Uh, I had some health issues and, uh, so now,

why don't you give us your name, please?

Uh, my name is Sean Whipple and, uh, I own 898 Bridge Road. That's uh the Sunset Valley Manufactured Homes community.

Um I I don't want to say that I'm opposed to this project, but I have some concerns being that uh the project butts right up to uh my community. For those of you that don't know Sunset Valley, it's a 55 plus senior citizen community. I'm registered with the state. I have 53 home sites in there. Uh the average resident's age is 72 years old. Um I know pickle ball is very popular and all, but this could really adversely affect uh my residents and my community being uh the proximity of uh the pickle ball courts. And I would like the the town to take into consideration uh the layout of this project. And then along um in between my community and the proposed project, there is some storm drainage that uh the water comes off uh BJ's parking lot and runs across the back of my property

and uh then it goes behind St. An's. St. An's it doesn't affect St. hands because that's the physical plant and then it it the water dumps into a retention pond behind Lowe's. Uh the problem is with this development how it lays out it's um pretty much on top of that storm and uh I'm concerned with flooding. Um, and then on my eastern boundary line, I have a storm drain that runs the whole way down eastern boundary line. And I don't know if you guys could pull up 898 Bridge Road.

Well, look, we we got a long agenda. So, listen, again, this wasn't a public hearing. I just wanted you to,

but if you want to do this, why don't you put it all down on a document, put a letter to us

and give it to us. So when he comes in for his preliminary approval which is a public hearing at that time when anybody can speak and then we can address it correctly at that time.

Awesome.

That work for you?

Yeah.

Okay. Great. That would be great.

Thanks a lot. Appreciate it. Thank you.

Thank you.

All right. With that, any other questions from the board?

Okay. Okay, I guess we're all set.

Okay.

Okay. The next uh scheduled item on the agenda is Bay Ridge Corner Ree subdivision located 423, 425, and 429 Ridge Road, also 1036 Bay Road. The applicant Scott Vdale LS is requesting sketch plan review in association with the proposed re subdivision outlined adjustments five single family residential lots and 2.5 acres in the R3 single family residential district under sections 269-5 296-14 and 350-12 of the code of the town Webster. Sir.

Yes, sir.

Um, really what we're seeking is basically just a glorified lot line adjustment.

Um, the reason we're here is because it is five lots. Um, it's remaining five lots. And our goal here is to make these five lots that are already severely non-compliant a little less non-compliant. Mhm.

Um, as you can see on the plans, there are a lot of buildings that are very over the line over most of the boundary lines. Um, including one building that's 20 ft over the current boundary line. Some of these buildings, including 425 and 429 Ridge, have existed on Ridge Road since it existed as a trolley line in the 1800s. Um 1036 Bay Road on lot 4 is one of the older buildings as well. Um, the other buildings were constructed sometime in the 40s or 50s. And all five lots were in the same ownership all the way back to the 40s and 50s and just recently, as of last year, sold to a new owner all five lots. And the new owner wants to rectify some of the issues that are at hand. Okay. Um, are these on are these hooked to the sewer system or are they on separate?

So, 429, 425, and 423 Ridge Road all have independent sewer hookup to the town system, independent water, electric, and gas utilities. Um has its own hookups to the system to a they have a leech field directly adjacent to what would be the right side or the south side of the house and then they have public utilities feeding that. The really the only utility concern is with 1036A. 1036A was built originally as a guest house and so the utilities have tapped into 1036. Um the utilities, the gas and the electric do have individual meters that run to two or to 1036A. So 1036A's gas and electric meters do reside in the basement of 1036 alongside the 1036 meters.

You're confusing. Are there any?

Yeah, I know this is

they're combined or not.

Um,

do they all have their own services?

The 1036A does not have its own water service. 1036A. Their water is a uniform system from 1036.

Okay. In my opinion, that needs to be rectified. That that should have its own if you're putting them on separate lots. Each one should have its own entity.

They actually already are on separate lots.

Yeah, I know. But the water should be a service going to there directly metered on that unit, not from the front. That's my thinking anyways. I mean the thing is um currently lot four and five are being sought after to be purchased together as um basically one sale. There is somebody interested in those two lots that would like to buy them and still keep them you know adjacent to each other but own them together much like they are currently owned. Um, one of the

like you're looking like a you want your cake and eat it too.

All right.

Each one should be a separate lot. Am I correct?

Each one will be its own separate lot.

Yes.

And each one of those lots should have its own independent service servicing that lot. That's my opinion anyways. I don't know of any other situations in town otherwise. Anybody?

Well, no. I mean, you're saying that the water service comes from 1036 and it goes to 1036A, right?

That is correct.

1036A is on a separate lot.

So, what are now you're going to sell off 1036 and the other lot next to it?

Yeah. So, basically, they're on their own individual lots currently.

Yeah, I understand. The service the service is is unrelated to 1036A. It's going to be different owners.

No. where they're going, where they're being sold. Those two lots are going to the same owner.

Suppose down the road he decides to sell one of them

on a separate lot.

So that could be a legal binding.

Well, how about we make it now?

Make that one of the conditions. Now, I mean, that's standard procedure. You develop a lot. You have to have water, sewer, gas, electric, you know, and if there's septic tanks. We did receive one letter. I'll just quickly read it from up Mr. Pat Zan. He's at 18 Leadale Drive. My interest in this application is environmental runoff uh to the creek septic system contaminants quite bay watershed excess water flow and will changing property lines alter the septic system and the leech lines as it has been part of the property system on two different lots. So legitimate questions he's asking here. I I'm in my opinion, something like this needs to be reviewed. I'm okay with what you're doing and I understand what you're doing, but each lot I believe should have its own services going to it. And the health department should probably be checking the septic tanks on those places back there. They probably been in there from the 1900s. you know, um, and this gentleman's obviously concerned

because he's aware of the septic, so I don't know if they're functioning properly or not. So, I I believe that should be checked by Monro County Health also. Okay. I mean, we do we did check that they do exist and there's no there was no plan to change them and their location is a significant distance from any uh proposed line. you would need to you're going to need several variances. I'm okay with that to make, you know, accomplish your goal. I can see that. But I believe you really need to have each one have its own utilities, all utilities individual to each unit. And county health check the septic systems and make sure they're functioning properly. And then that would that would trigger a response, you know, whether they need to be changed or whatever by the county because that's who controls that.

Okay,

Tony, I would I would agree with you. I mean, it's a unique scenario where the subdivision

uh is occurring in existing um lots. In this case, utilities like uh the septic tag except leech field location should be identified water lines and electrical lines on it as well because leash fields themselves would have to have a set back from the property lines. So it's almost going to be a check to make sure that the proposed lot line are set back far enough from the beach fields too. to do a secret around this.

Do I want to do it?

I'm sorry.

Oh, I'm sorry.

No, you're right.

Um,

the 1036A, does that have its own septic system?

Yes, it does. So that's separate from the septic system 1036.

That's correct.

You started earlier talking about the meters for 1036A. Those are actually you said both the gas and electric and the water are located in the basement of 1036.

Yes. So 10 the basement of 1036 has a singular water meter for both 1036 and 1036A. It's a joint water system. But then there are two sets of gas meters and two sets of electric meters in the basement of 1036.

They all would have to be separated.

Yeah.

Independent gas services, independent electric service, independent water service, no collocation property. You don't know. We're also going to have to find out how you have access back to the property. Well, there there's as far as you mean driving access.

They have their own existing curb cuts and driveways as it is.

But in the event you were to sell whoever owns that house in the back there

right there, Josh. Yeah, that access is from the other side and from from Bay Road. that would need some sort of a easement from those properties in the event something got sold down the road, right?

Yeah.

So that should all be in place.

Now, does 1036 say is that parcel actually L-shaped?

Yes.

So that's all one big parcel.

So parcel winds up having the residential house on it, the the black and metal garage also has the metal barn and steel shed on it.

Yes. So those are things that we'll be seeking variances from.

Yes, we have

access to the one in the back comes off of the road to the south. Ideally, you probably want to get rid of the driveway into 36 parcel too so that you don't have feeding both ways of single parcel. But the key is that they're really both those parcels really need to have independent gas, electric and sewer services that do not rely on that's actually I agree with this particular area. We don't know where the separate system is. It should clearly show the layout of the septic system on the sites you how the various things tied into it and also demonstrate how it's going to be corrected independent services.

I think we before you actually show it though I think what they should do is be contacting Mono County Health Department. Make sure they're even functioning.

Don't even locate. We don't even care where it is right now. You know, we got to know that they're functioning first of all, then locate it. trying to verify that they truly are.

Yeah. Right.

And any crossing, you know, property lines, you're going to need a bunch of variances and understood that that

Yeah, we know that

that'll fix it up. No issues with that.

But the driveways uh that go into the back uh you're crossing that front one on Bay Road, that that should have an easement across the property and that should be written right in these.

Well, currently they're all owned by the same That doesn't matter.

They're separate lots.

I don't care who owns them all. There's a builder can own them. One builder can own them all. But when he goes to sell one, that's where the issue comes in. So rather than mess with it then or get oversold, I think the time to correct it is right now.

You agree? If one person is wants to purchase both of those properties, why why can't they be combined now satisfy a lot of the issues they have with

and basically we'd have to just get the zoning variances to allow for multiple residences on one property. Is that what you're suggesting?

Yeah, there's no no good reason to do that right now. All right.

That was that was one of the things I was wondering as well.

All right. Why don't we do this? Why don't you

when you come in for preliminary approval, come in showing the lots as you're showing them. Um something from Monroe County that the septic system functioning property for Monro County Health. um showing any uh cross lots how you're proposing to cross them, how you would get an you know an easement be granted to I don't know the lot numbers I can't see. Lot number four is that the one in the front there.

Yes.

Okay. They need to grant an easement across lot number four to get to what's a lot in the back there. Lot number

five.

Five. Okay. So I think that's these are the things that need to be shown in our drawing.

Okay. I mean, if they decided to put a fence up over that piece of driveway, then access has been eliminated as well.

Well, I'm looking at the drawing and it shows access going to a Right. That's And you need to take it off the drawing if you're not going to have it there.

Okay. I'm just I'm coming up with some options to give the owners.

Yeah, that these are the options.

Yep. And then J was just locate septic and water lines so that we know what they are.

Each one separate water line too. Yeah.

Is that main concern really with four and lots four and five and six and each one each five lots need to have five separate utilities going in there.

Yeah, we we do know like I said that the three out on the bridge do have separate utilities.

That's fine. Then the ones those there need to be separated separ going back lot five. Okay.

I think the thing to keep in mind this is still is an existing subdivision but effectively reubdivision.

Yeah.

And the drawing should have a level of detail of a subdivision

for all the parcels. Not picking choosing the parcels. access easements, utility locations, anything you expect to see.

Okay. So, you want them on all five.

Okay.

Yeah.

Can I make a comment?

Next door.

Okay. Why don't you come out? Your neighbor. I'm going to guess.

Walter. Last name is War. Just give us your name and address when you get up to the

Walter. We're not hearing you until you get to the Sorry. Walter Wolf, 1048 Bay Road. I'm the owner of property next next. Um, the concern I have is a creek that runs right through the middle of this property.

And when Mr. Morowski owned the property back then. Elmer living who lived behind me deceased told me that he wanted to put a house there and the town requested he had special septic system because he's in proximity close proximity creek. Um he decided to build a house because of it

but that was a concern of the back then back then

and they had put the driveway that goes along the person I think it was Mr. own owned the house that I had before that I purchased. He used to own that property and also some of the property that he sold to Elmer behind. When he sold that property, there's a driveway was right along the side and originally the house was a ranch house with no garage. He came down that driveway and parked in the basement. So, my house had a drive in the basement. when he sold the property to um Morowski, he asked that they would get rid of that driveway because it was in very close proximity of the property line. I don't know if it's legal as it is or whether it's, you know, meets the the zoning standards. Um to answer his concern, Mr. just planted a bunch of pine trees along the side there to try to hide it, but the the sons were in excavating business. So, they had equipment, you know, they could change things, whatever. And they kept rebuilding that drive to the point where was a little bit higher. And on one side of my house, because of all that grounds down runs down towards the creek, I get

flooding all the time. At one point he put a culver I don't know if he did put a culver just put some stones in there French drain silver drain but it doesn't work anymore and I remember Mr. million twist. At one point his property used to get flooded because he wants property in the back property because that creek went back up because the culver that they had put in to drive cross properties get filled with debris and so that would create a problem for him flooding and he was a nice guy and address the issue because he didn't want any problems with these things. So, but that's one of the concerns I have.

All right. Proximator creek and whatever septic system they put in has to comply with that goes into the bay.

Okay. Thank you.

Yeah. Um actually probably you should do that also then it's check the stream should be checked and cleared. I don't know. Who would do that? Mark, do you guys do that or what? I'm giving you something here. I don't even know.

Well, if it's We'd have to understand if it's private or public drainage. I don't know.

Yes. Yes. Well, that's where the this thing has to have a subdivision.

Yeah. Yeah.

You know, shows how utilities that includes

that all has to be shown how it's

no different than any other subject. No, you're

It just happens to have buildings already.

What's that?

I thought it was for sale signs over there, wasn't it? Just recently sold.

It was sold in the fall.

Was it the buildings as well or was it just acres? I thought it was a sign just said land.

Um, no. It it it was 2.7 acres. It consists of all of this cuz I did all the survey work in the fall for this. So, it is everything you see here. And then we just manipulated the lot lines to try to do the best we could clearing the buildings.

Okay. Why don't we do this? Probably just cut to the chase on it. Have your engineer design this thing like it was a subdivision without the hoses. called a regular new subdivision and answer all the things that Derek just mentioned just like a regular subdivision coming in any streams on there the water flow the drainage off the site so on and so forth then that along with Monroe County checking it and utilities being separate utilities going in okay

okay

anything else I think covered it didn't it got that okay

yep

all All right, that'll be good.

Awesome. Thank you very much.

Thanks for coming. We appreciate it. Thank you, sir, for your information, too, back there.

Thank you.

Okay, the next one.

Next item on the agenda is 1037 Ridge Road. The applicant is Terry Gian Greco who's requesting sketch plan review in association with the development of a 7,000 square foot singlestory dental office on a 1.35 acre parcel located in the MC medium intensity commercial district under sections 269-5 and 350-18 of the code of the town.

Good evening. My name is Ian Cookman. with McMahon Laroo Engineers surveyors here to present the project on behalf of Dr. Secretary John Greco um famously known for owning all of the get straight orthodontic offices throughout Monroe County. Um seeking to build another dentist office here in Webster on Ridge Road adjacent to Brewers Ice Cream. looking to build between 6 to 8,000 square foot building uh with um two primary uh dentists, professional dentists operating out of this building uh with 14 to 17 chairs altogether, orthodontist and pediatric dental care. Um, with that said, you know, we're looking for a site layout that'll provide um a 3 to one ratio of chairs to parking spaces. Operationally, that means one person in the chair, one person in the waiting room, and one person checking out. That's how these dental operations work these days. Uh, pretty efficient. Um so the site that we're showing provides uh 56 spaces gives us about that sweet

spot of a 3 to1 ratio. Um looking at zoning code based on the a more conservative building layout of just north of 8,000 square ft. We exceed the minimum parking zoning code there. Um looking for monument signage out front, of course. Uh sprinkling some landscaping and some shade trees throughout to provide some more uh natural buffer to the adjacent businesses along with some streetscaping along Bridge Road. Um the verdict's still out on how we're going to do storm water on the site, but rest assured there will be storm water mitigation on the site while at the same time trying to maximize building layout and parking layout. Not a whole lot of space for uh traditional ponds. So likely going to be going underground with proprietary storm water detention water quality. And then I've got a little bit of of a pocket behind the building for green infrastructure. So meeting all the storm water requirements. One of the big obstacles with the site is going to be some utility relocation. We have a gas line and some overhead power that transexs the our site off of

Ridge Road to the U-Haul storage facility in the back. So um overhead power is definitely going to have to be relocated with our G&. I think we're um still in the design phase. uh trying to figure out how we're going to handle underground gas, either work around it or um relocate it. We met with PRC uh last month. We just missed the deadline to get in front of you guys last month. Uh so we did meet with uh town staff and Mr. Kashani himself and we've got some valuable impact. one of which, you know, the intensity of the parking and the use. We're gonna, even though we're not proposing a new curb cut on Ridge Road, we will be working with Keith and the engineering department in New York State DOT to make sure that we're not overloading Ridge Road from a traffic count standpoint. We've also been in touch with uh the town sewer department identified that there is an existing sanitary lateral available and um we're in the process of working with Monroe County Water Authority to ensure that there's also a service available so that new services won't be being provided. Just a matter of time.

Um, so yeah, we're working with the architect to fine-tune the building drawings and design as we speak. What you see now is a pretty good close representation of the order of magnitude. I imagine when we come before you with application, um maybe some slight tweaks certainly going to incorporate PRC comments and then any comments that you guys have here tonight. So that said, I'd like to open it up and uh get your comments on what we call sketch or concept application and then take that feedback into design.

Thanks. Anybody?

Is this the same group that filled the property for 15 20 years?

Nope. Brand new owners of the property. There was a site plan approval I think half a decade ago but I don't think that that project ever

right this whole this parcel

if I remember right Tony was all part of that key

development in the back

completely got changed when we turned into

it is but it's essentially the same use that was included in those plans

the reason I bring that up is because it was part of that overall felt that one thing that our research existing retention was built as part of that whole development size.

Yep. Yeah, we're in touch with uh with the engineering department to see if we can get our hands on that original slip to see if that was for us.

Yeah, great point.

The site's gone through, you know, several different configurations over the years. In particular, driveway one time was a divided driveway back to a single driveway. Ice cream store How could you get it over there? I think that's what we discussed already. But

oh, there there was a dry.

Yeah. Yeah, it went over, but now it's

One nice thing about this setup, too, is that another curve cut on the bridge is coming out on the side there. So, that's good.

Now, it still works within it. I mean, the original concept of the parcel is the window.

Yeah, that's right. for self storage, but the the idea of having a dentist office on this parcel has been around access to the driveway.

Probably the biggest concern at the site, you addressed it, is the drainage. How how you going to handle that? Whether you sheet it to some point to a pond you can get to it or in underground in the driveway in the parking lot whatever you're proposing that'll come in your building design landscaping want to show that for preliminary approval you know what to do with the building

y

um anybody anything

for me it's just uh again it's being road uh landscaping That's definitely that's

um one thing maybe considered, I'm not sure if this is the location of the building, but if you flip-flop your parking lot with the building,

uh gives you a little bit more drainage in the back, but you could also get rid of your monument signage and just put signage on the building.

Right now, your signage is being blocked by the hot box that's out there.

Yeah. Yeah. That's uh that's something that we've been kind of that's why I'm planting the seed that we may make some modifications because not only drainage but also it might help us avoid having to relocate that gas.

Okay. Anything else? Any other questions?

That's it.

You want to say something?

Oh, you're from the conservation board, right? Okay. All right.

No, go ahead.

I'm the chair of the conservation board. And we usually don't get formal reports at this stage.

Get a little closer to that microphone because I'm not hearing.

How's that?

There you go.

Is that better?

Okay. Dennis go and we're going to want Roy as well. tall trail and on the conservation board. Um it's interesting that some of the comments that you brought up were just exactly similar things that we looked at. We did a preliminary walk through a couple days ago and um and drainage. We were interested in how you're going to handle the drainage because there's a lot of nonpermanent surface. And let's see, do you have the you have this site up again? I just wanted to see what the um there are there's a swale on that west end that you got there you mentioned right there and we noticed that in there there's four or five four PVC stand pipes that are down because that's fairly low and the question was how does we were wondering how that tied in with existing or proposed storm water rain off it looks like it's something

set up initially to take care of excess connect to a school system. Is that part of your the plan? That was something I'd be interested in finding. Um and also in the back the back part there's a little swale that seems to be dry between that and your your proposed building and the um storage area doesn't really show up much. It does dip down. Look pretty dry at the moment, but it may get wet and runs off and back. So, it looks like you're looking at that. That's something you saw as well. Uh, one thing we were concerned about was I'm not sure exactly from that diagram exactly where the the western edge of the property is. It looks like it jogs around in the back. The little dog leg in that coat comes out. And if you go all the way on the south which and then goes up right there a little piece and then goes back. Okay. So we were curious about that whether or not any of the trees that seem to be between that product. There's a few really large shaped trees that are there. I don't know if those are on your property or the next property next door,

but they're big and old enough. Josh, I don't know if you can take a look at some of the photos that show. So,

but they appear to be trees that even if they're not right where you're going to have to be doing some clearing, they're big enough and old enough that you're going to have to be really careful on these trees. And then those are evergreens. But there's another picture that shows um one more. And you can kind of see those evergreens and then you can see just the branches of a very very very very large looks like I'm not vehicle, but it's a very big vehicle. It's true. The trunk is about this big. So, if it's not on your property, we have to do some clearing under. The conservation board was concerned about how you can avoid getting too close to that tree to damage it even though it looks like it's on the adjacent property as you work.

So, Dennis, can we have them flag the trees that are on the site that are good trees?

Excuse me.

Maybe flag the trees, you know, mark them. Well, we might be able to mark them, but there's really only a small stand of existing trees and again the southwest edge. And I'm not sure if they're really on your property or they're right adjacent, but I'm concerned that if you go right up to them again trees, which has happened at some other development sites recently that we're concerned about. Um, like the fact that there's a number of Oh, there's a Okay. So, it's a little that one looks a little different than that area. the tree that's in that little dog leg. Uh we'll probably need to check that carefully when we get to the next phase. I'm assuming we'll probably get to um so that's we can do that at some point. There was one more thing. Um shade trees. Okay. the shape trees that had been in your plan. It sounds like you're going to try to keep a buffer of trees in there and that was something pleased about. So, sounds like you looked at you know that there's one picture last second picture from the last the middle picture.

Yeah, those are the stand pipes under stand pipes. You notice those?

Yeah. So, does that uh does that indicate that there might be already an existing storm water drainage system that you're going to tap into or is that one of the things you still have to find out about?

Yeah, I can I can respond. Do you want me to respond?

Supposed to be the one that goes So those stand pipes are clean out old cleanouts from the abandoned storm sewer that used to run through the the through the U-Haul storage facility.

When they built the U-Haul, they abandoned it.

So where that ends up terminating on Bridge Road is actually where we're going to be tying into our our sewer ladder. Um, other than that, I I appreciate the comments about drainage, the the rear drainage,

um, and then the tree protection. We'll go out there and mark the trees that will be

save.

Okay, good. Thanks.

Yeah.

Okay. Anybody any other questions? Um, okay. I guess with that pretty much covered it. Um for sketch plan only um not know you know where we're going with the building type of structure landscaping obviously know how that goes. If you can fix that nice along the front there that would be good a little extra. Okay with that I guess we're all set. Thanks Mark. Next item on the agenda is seven brew located at heart road. The applicant Brewer team New York LLC Dove Bolton is requesting sketch plan review in association with the development of a 500 uh 510 square foot prefabricated double drive through only costs coffee stand on a 0.73 acre parcel located in a high intensity district under sections

269-5. and 350-9 of the code.

Gentlemen, um, sorry to disappoint. Doug Beel is our director of operations and he's on his way. He was unaware of a scheduling conflict. My name's Larry Adler. I'm one of the partners of Blue Team View. Um, and we're happy to be here to talk about our proposed location on Hard Road. Um, Seven Brew is a drive-thru only, beverage only, uh, coffee stand. Um, we sell based drinks, uh, smoothies and, uh, energy drinks. We don't sell any food. We don't make any food. The only thing we have is a prepackaged muffin top. Um the building that we have is a 510 square foot prefabricated building that uh comes in three pieces. We put it on a stem wall and basically the building is complete in 3 days. Um again it's a double lane drive-thru. This the site plan that we have here uh stacks about 22 to 24 cars and has parking for 12 uh

has 12 parking spaces on it. In addition to the uh the building and again I'm sorry the building is only for employees. The public doesn't go into the building. It's only for our baristas and our staff. Um the uh 99.9% of the um traffic will be from cars. We do allow walk up uh customers to come, but it's a very very small percentage of of what we get there. Um we also have a uh about a 340 square foot uh remote cooler and and storage area. Um the building and the cooler are clad in a nichi which is a board. It meets like bricks as you can see on the here. Um and the dumpster, we have a a freestanding dumpster corral um that also matches the exterior of the building. So, um and I know that uh staff and Erica has had some back and forth with Doug. There was a comment letter that was that was sent to us and I think we've uh either have addressed it or have noted so that for the next submission you know we'll address the

comments. This is a sketch plan so we don't have to get your input and thoughts and with me is Brian Chery. He's our director of operations. So any questions about operations um and how we operate Brian? When what what are your operating hours basically?

Uh 5:30 a.m. to 1000 p.m. during the week and then Fridays and Saturdays open until 11

till 11.

Yeah.

You know, we remember we did have a conversation earlier on the town. I believe um the only concern that I had with I think it's a nice little project that I mean was the out, you know, the lighting on there. Remember I think we discussed that. Um, could that be subdued some or lightened down? I know that's your trademark, but I'm going back to you've got these planning and development guidelines. In the guidelines, it's very specific. Corporate branding could be reduced, you know. So, if there's a way of reducing the number of those bright purple lights you have, I think this thing could be simple operation. I don't know.

Yeah. So, what we'd like to do is as we uh the next uh meeting. Um there's different ways that we can shield the light in certain areas so that it it exactly what you're saying. It down it it tones it down just a little bit.

It is the trademark and you know

if we're near a residential area sometimes we'll turn off, you know, we turn off the lights at night, but you know, we're mindful of the uh the neighbors if if there's an area that we have to worry about. But it it is the trademark, but we're we want to work with the town and and make it work.

And again, I think we can work something out with it, but I don't think you can compromise on it. I don't know. I've seen pictures at night and it's, you know, your whole your gable lens and sockets, everything were all lit up and, you know, it's pretty bright.

It should show compliance.

Really should show compliance with lighting. Well, that

and the drawings probably meets that

the drawing itself should show the lumens.

Yeah, that way we get to the building, not necessarily the property line, but how it spills over on your property.

Yeah, they may be able to handle that. But my concern is it's a corporate branding and it's a it's really bright.

That's what I'm saying. If they can reduce that down because that's what our guidelines say, unless we just possibly, you know, I don't know.

No, it should should look at making sure it's reduced down and making sure the lighting stays on the parcel.

Yeah.

I think by law regulation we have to do

understanding how the the lighting is done now the LEDs in particular and how bright they are and how far properties when we do a lighting map for the runs. It should show up to the complete extent off not just the wall packs but anything that's on the inside building shows outside my opinion that is to me that's the only concern I have Mr. Charity is showing a picture here of it lit up at night. It's I mean I can almost walk through here with that thing like a flashlight right now. It's super bright. So see what you can do in that regard to tone it down some or modify it. You know, I think we can work this out.

Seem to have some that are different. Not as bright, less blue.

I'm sorry. You do seem to have some locations with that like less not as neon like a darker neon blue rather than light.

Yeah, that's what I want to I mean typically it's a prototype so it's it should be the same. Um but we can look into that and we can also I know like I said there's been some shields that'll that'll help abate some of the you know the light that comes out.

Okay. You just take that information for what it's worth. see what you can do to subdue the lighting.

Okay.

Other than that, I I have no issues. I mean, the site is there. It's the last piece that's right there.

Eric, did you have any otherbody else? Any questions?

I have a couple.

Sure. Go ahead.

Uh I agree with the lighting for sure. Um the other one is your access employee path to the dumpster. uh if you can extend that strip into the dumpster because right now your employee essentially has to go into lane one which is an oncoming lane in order to get to the dumpster with what they're carrying. So if you extend that past the curb for the foot traffic uh going back there the one I think PRC comment had snow storage those one mind too

you have kirk you know your curb goes all the way to the east so where are you storing all the snow that's on site that will accumulate uh the last one for me is just striping so you know blue typically ADA striping and you have blue that you're using throughout your sites and it can be confusing what is ADA a path potentially or ADA parking compared to it all being blue. So, I would encourage you to distinguish only using the blue for ADA parking and yellow for around the dumpster along your drive lanes and whatnot. Um, so your um how does the drainage go across the front there? That what is it like narrow shell pond goes across

the detention basin in the front.

It goes okay. It goes right straight across right from from Taco Bell and Dairy Queen and so on. Correct.

Yeah.

You going to have the same configuration there, right?

That'll be then your landscaping all in that area. Okay.

All right.

Yeah, that'll continue right straight through. Okay. All right. Guess what that works. Okay. Any other questions? That's it. Okay.

Guess we're good.

Thank you.

See you when you come back in.

On tonight's agenda is the Verizon communication tower located at Lake and County Line Roads. The applicant Robert Bergdor of Bel Atlantic Mobile Systems DBA Verizon is requesting stitch plan review in association with a 125 ft telecommunications tower with a 4ft lightning rod and associated ground mounted equipment on a 78 acre parcel located in a large lock residential district under sections 269-5 and 350-13 of the code of Western.

Yes, sir.

Good evening. Robert Bird Dorf of the law firm mix body. Here tonight on behalf of Verizon Wireless. Also with me tonight is Nico Facy. He's a site acquisition consultant for Verizon Wireless who's available for testimony to the extent it may be helpful or necessary. Verizon Wireless is a public utility licensed and regulated by the Federal Communications Commission. And it's responsible for providing wireless communications and all of its license areas, which is really most of the United States, but including the town of Webster in the cell that we call the Lake Road cell. It currently has inadequate coverage in the Lake Road cell. And to remedy that, the only way to remedy that is to place a transmitting facility in a technologically appropriate spot in order to uh uh cure that those service efficiencies. In order to understand why we've selected the site and while we're here, it helps to take just a minute to go over some basics of cellular technology, cellular telephone technology and design network. In order for it to work, you have to picture, as the name cellular says, a honeycomb group of cells. The idea is to place a transmitting facility in the middle of each cell, the typological middle. So that broadcast to the entire cell without unduly overlapping neighboring

cells or gapping. So if you picture a cell turned upside down, you lift that up and that beam gets wider. Higher the antenna, the wider the beam, the lower smaller the footprint. As you move in one direction, whole footprint moves over. If it's too far west, it'll interfere to the west and gap in the east and vice versa. That and the fact that topography will affect this. It's incredibly weak weak radio signal. So, it can't bleed into the neighboring cells. So, snow on leaves on trees can impede it. Topography can impede it. has also got a plan for population centers and roads where the main traffic is and of course work in conjunction with all the neighboring cells. All of this means that there's extremely limited flexibility as to where the facility can be placed will build the system on the computer and they'll develop what's known as a search area and the search area will show the doesn't mean that everything just outside it might not but it's basically the bullseye where it needs to be. I don't know who's controlling the um screen, but if you went to the search area, which is exhibit G, page 8, uh that would show you the search area we're talking about, and essentially needs to be in that search area in order to work, otherwise it won't work within the network. And we can review the propagations in a minute,

too. This particular uh site we're proposing here mono, and I I think everyone knows what they looks like. It's not a tower. It's not guide. It's not like a lab work. It's like a light standard and uh this particular one is would be at 100 uh shelter or equipment cabinet surrounded by a chainlink fence. When coming to the site and taking that search area, the site acquisition consultant goes out uh they uh try to find a suitable site by first finding a collocation opportunity. If we can find the existing tower in or near the search area, we go on existing tower, existing building that's all. Um, we then look for municipal property as your code requires if it's available. Look for industrial is the best site given the alternatives that are available and that's how we ended up at this site. Um, procedurally this requires a special firm from the town board from the ZBAU. uh procedure also requires county 239m review and a data notice required. So I want to get all those procedural items out of the way. I know there's no decision being made tonight. It's fun to get those out on the record.

Um I'm happy to go over as much of the RF information as the board would like and to go on read because I think we're the last on the agenda so I think everybody's here for this particular one. And the two topics I want to hit are claims of health effects and the second is effective prohibition under federal state law. As to the first claims of health effects, I mean I predict there's this topic. The first is that this topic is fully preempted under federal law from being considered by municipality as part of the zoning process. Entertaining or allowing exploration of this topic is a violation of federal law. Period. It is not a topic that this board can explore and Verizon more or less willfully enforce its rights in that respect and there's no basis for it. So the second point is if anybody's actually interested in anybody's interested in the science behind it the objective facts as a courtesy because we're not required under federal law. We've submitted a lot of information already to the town board and that's available. So in reading the facts um to be concerned but further on this the fact that has always made the most sense to me as far engineers have explained it and it's just common sense. This is a radio signal.

Humans have been broadcasting them for 100 years. It is a run-of-the-mill radio signal. Nothing more. The only difference is it's an extremely weak radio signal. It has to be because as explained earlier it can't bleed over and interfere into the non cells. So if one is concerned about this, they have to be lots, millions of watts in some cases. Uh where is the concern over police broadcasts? Uh tow truck communications often far more powerful. And if one's really concerned about this incredibly weak radio signal coming from the tower, remember that phone you're holding has to be able to broadcast back to the tower. So if they check the power density, they better be far more concerned about pressing the phone to their head if they're being honest about um the facts and the power density that comes from radio broadcasts. Nevertheless, despite all that, at previous hearings in this town, neighbors came out and raised all kinds of odd arguments. They claimed they were lied to about asbestous. I don't know what that has to do with this site or they found weird maha site saying that cell phones cause cancer. I've been to three towns since the pandemic where people got up here and vigorously argued that cell towers cause CO. I don't know

where to go with that. I mean, there are a lot of weird con conspiracy theories. If anybody's interested in science, the information is there. It's an incredibly weak radio signal. That's all it is. And we are happy to oblige, but it'll be outside of the process. If somebody wants more information, it will not be part of this process. We are done with that issue in this town. We will rely on federal law and not engage further. Um, so again, the town cannot entertain these allegations of adverse health effects as a violation of federal law. It is reversible error. There's nothing more we can add to that and won't on the second topic effect of prohibition. I predict there will be a number of people who just simply say we don't like it. We don't we have looks we don't want to see it. We want you to turn it down. Just turn it down. What they don't understand is that there is no option for that. Uh a municipality cannot turn down one of these facilities without offering a viable alternate site. simply get up here and say turn it down is meaningless and is frank a waste of everybody's time. obviously rely on your own own attorney, but here's the law in a nutshell as you distill all the cases over the last 40 years um that we've had case law both federal and state and it's essentially the same whether

you're under federal law as a as a FCC licensed carrier under state law as a public utility. A municipality cannot prohibit a carrier from having a site that works in that coverage area but it may reasonably regulate. So what does that mean? means two things for municipality. First is it can impose reasonable site improvements which is really this board site plan board. It's typically a planning board thing. Um landscaping um security sometime we move it on a parcel of those kinds of site type things. That's reasonable regulation. The second thing municipality can do under reasonable regulation is it can require the cure to go to a different site provided and this is a distillation of all the federal and state law provided it works from a technical standpoint and is available without unreasonable cost and unreasonable delay works available without unreasonable cost unreasonable delay that in a nutshell and Verizon doesn't care where we are we could care less where the facility is as long as it works from a technical standpoint, sites available and we can proceed without a reasonable cost and reasonable delay. Completely indifferent, completely agnostic as to where it is. But what a municipality cannot do is simply say no

to site if there's not an alternative. Once we've made our primosy case, which we've done in exhibit FNG, which basically is we've shown that we need it, we've shown the need for it, we shown the search, we've shown where we need to be, we've scrubbed the search area, we've shown the alternatives, we've done all so and once that's done, a municipality can't simply turn it down, it's got to find it. So, uh, we always encourage, uh, the community if they've got a better idea and sometimes it happens. I mean, the site act people do a good job. They've been doing it for a long time. Um but we have new sites where that comes into play but we won't go away. So anybody who just says trend down with auto viable alternative is just really wasting every time. Um with that with those two points made um we're happy to talk about the search area. We have to talk about what we looked at. We're happy to talk about the if you want somebody wants to put up the u site plan to actually show the site itself. And there's just not much to it.

They are inert. They don't um there's no lights on this, by the way. Under 200 feet. Um don't need to light it under FAA. Um and again, that's probably a good one. That picture right there, right there, which just shows it's, you know, monopuls or photo simulation what it would look like from the road. You can see this. I think everybody's pretty familiar with these at the base chain fence if you're not familiar, but it's been um I know we have a long agenda and I don't want to take more of your time than is necessary. We are happy to answer any questions the board might have or respond to any um uh questions that are from the public that are legitimate to be asked. Does this tower include a Faraday shield?

I'm sorry.

Does this tower include a Faraday shield? Uh,

are you talking about lightning protection?

Oh, I'm talking about a Faraday shield.

I have to have one of the engineers try. If you're talking about uh lightning protection, got a lightning rod. I don't want a Faraday sh never heard I've been for 37 years for Verizon. I don't remember heard of a fair shield.

Shield. Uh they use it in the terms in radio where if you're in the same building where your transmitter is located, they put up basically chicken coupe wire to absorb any possible radiation. We're talking about health concerns earlier. So I was just wondering if this tower has a Faraday shield.

Well, the transmission is from the antennas. It's not in a building.

It goes through the tower though. You still have uh you still have power going through the tower, don't you? You have electrical power versus an RF transmission. Are you talking about the electrical power?

Talking of power generated from the tower itself. The whole tower.

The tower doesn't generate any power.

There's no power going through it.

There's there's there's electricity going to the to the tower to the antenna to the equipment, but the tower is not generating any electricity. And and I I'm not sure I'm really not sure what you're telling, but I'm happy to to have the civil engineers respond.

I used to be in the radio business and they used to have Faraday shields at one radio station that I worked at because there was concern about radiation causing health hazards for humans.

Yeah,

there's a concern that I'm sure some of these people have about, you know, health. You're saying that it doesn't I'm just wondering if a Faraday shield been discussed.

I've never heard of a Faraday shield in in almost 40 years.

Well, why don't we check that out down the road when you come back in again?

Yeah, I'm happy to have it so much. And the difference might be as well that you're talking about these incredibly weak radio signals versus I don't know what your radio station was, but it could have been operating in hundreds of thousands of watts and it could that could be the difference.

50,000 watts.

Yeah. Versus some of these. And I think the RF engineer I think it's 15 watts channel.

Okay. Describe it.

Just curious. Well, let's move on with it. Um first of all for everyone here assuming everyone here is going to consult to here um I've got I printed out just for the record John Meyers Ellen Lindell Robert Jansen Tim Kester Carol Andreas the attorney Kelly.

I'm sorry.

Dan is the land owner. David

Oh, okay. All right. This is where I've got the letters. All right. I'm just saying these are what the letters I've received. And they seem to have the same y'all see seem to have the same concerns and don't think anybody can argue with me. One is the location of it. I saw it on the drawing. I'm personally not happy with it there. I understand what Mr. Bergoff has said. They It is a It is a utility and they can go to the FCC and at Google. I'm dragging this out because I spent a lot of time messing with this thing today here. Um I went on Google and I found County Line Road and then Basket Road and Windmill Farm obviously lies in between. I don't know where the property line, but it looks like that farmland is all part of the windmill farm. So, it's all there. So the location where where it is on that spot right there Josh

if you go down Wayne Monroe Wayne County Line Road go down to that house that I believe is the estate or the home and that's the grounds of Windmill Farms.

Yes. Now, if you go just a little bit below that right there, there's a driveway that goes in back to that field all the way back. In my opinion, my opinion that cell tower could be located way back there by those trees and you're still going to get the same reception. I think that would appease a lot of the people. I'm hoping that would be the case. And this isn't new to us. I've been here for every cell tower that came into this town from the very first one. years ago and we've had them relocate several. There was one I want to tell you a little story on Bay Road there was one that if you went north or south on Bay Road where the Masonic Lodge is there and you would have looked at that tower right in front of you because there was a little slight curve in the road. Ask them if they could relocate that back onto the they long story short they located it back on the Masonic Temples property back there. You ride down Bay Road, you don't even know there's a cell tower there. the one on Lake Road by Pellet Road just a couple years ago we

had I don't know two three years ago wherever it was now I don't even know and that came in they got it located all the way back there were concerns people the same thing I don't want it and bottom line is I don't want to see a cell tower that's that's a big part of it I understand I wouldn't either so they located it all the way back in the property is it a bad thing now you know what if you ride down Lake Road I bet you several people here ride down you don't never even seeing that tower, your neck would have to turn 95 degrees to see it back there in the woods. And I think this could be located and done the same way. They would not have to to disturb the farmland. They could utilize the way I see it, that farm road that's there currently to put that tower back by that woods. And I think that would be a solution that everybody would be able to live with.

I'm hoping that would be the case.

It's very helpful uh input, Mr. Chairman. That's that's the kind of thing that we're looking for. What we will do if this is the board's desire, that's the message we're getting is we will go back to the landlord. It's got to be available. We'll go back to the landlord. Has to be retested by RF. It's so close that I I get I don't get to make the decision has to retest it. And the town board has also got to prefer this because we got a special permit there. So, we will do our due diligence

and see if we can make that work. But we have no objection to doing it. We are completely agnostic as to whether it's at the corner or back there. if it works and we can get the uh the right permissions.

The closest resident to this at that point would be the owner of the property.

Okay,

that's the best I can come up with tonight. Um, again, you don't have to build. If you came in off of relocated it back in that field off of Lake Road, you would have to put a driveway going all the way back there and you would have to cross that creek and I don't know what that creek is. I think that may be a major

It is crossing creek is a difficulty. wetlands or difficulty, but with the existing

and that's I'm suggesting coming off a basket road or I'm off a county line road going and putting it back in that field. No one will ever know that thing is there and I think that could solve this whole issue.

Okay.

Yeah, we anybody need anything that's I have a couple. Don't break my rule, Tony. This is just because it's so sensitive and just for people in the public, it is important to know that a lot of this information that u Mr. Burg indicated is available to town for you to view as well. One of the things I quoted with the rest of town is just making sure the information is accessible to the community to kind of answer those concerns to reassure you about the science that's there. You know, whether it is a QR code with the same application material so it's digitally available to the direct neighbors so that way they can review it for themselves or if it's on a website or something for them to look at. you know, just having the correct information out there can help uh a long way with with the communication in town.

I I I'm sorry. I I agree. May I suggest the information? We have submitted some some very good information to the town board. It wasn't part of this particular process.

So, if the town was able to make that, I don't know how you do that with your website.

What do you mean if it's available at the library? Okay.

The the physical copy is usually more accessible at the library. But that was one thing we uh puted up there. The the other one is just the current location. Like Tony mentioned, if you're right on Lake Road, people are driving up and down the hill. The first thing they're going to see is that it's a view store. So besides the health concern, there's always the view concern. Uh similar to Tony, I spent a good amount of time trying to see within the existing land owner where could be a good location for this. Uh so Josh roughly where your cursor is if you just go a little bit farther south um a little bit more down right there um is I have GIS resources and that area was outside of a wet landing concern hydrarology concern it's slightly higher from the location Tony had but again um you know it's a lease agreement so you could offer the land owner a more upgraded access road that they could use for farming while you also have access to backing Uh the other location I found because again you're really looking for a 76T by 36 ft panel. That's essentially

what is your footprint of your fence limit would be and this would take you out of outside of our township is across the road. Um if you just go a little bit more south there you'll see you're going south right there. You'll see that road right there. In that location you are well within I think more than couple a thousand plus feet away from any neighboring resident owner. um that is right there 140 foot by 80 foot of a space pad and you would just have to maybe upgrade that a little bit road back up to but you're within your zone and what I'm saying is this is like Tony said you're so far secluded

that you're not visually going to see this

that's same land owner

zone sorry the same land owner

yeah this considered your v zone that you had the same land owner

I don't really care where you located. My point of this whole thing was get it off of Lake Road, put it back in the woods. Now, can you go on the east side, the west side,

wherever? Just

that one may be a bit a bit far to the south. Again, they are it's we're starting to get pretty far from the search area, but sometimes it works. So, we'll have it tested.

Yeah. And then my last comment, just the collocation policy that you have on here. So, you know, you can you can tell us what your equipment will produce, but whoever you lease to uh on that tower. It just seems that your collocation policy is not very limiting to leaves it open to somebody coming in putting something on there. So, I wonder if there's anything with the town that later on whoever proposes to put anything on the poll would have to go back to the town for approval as well. But again, it's not very limiting. It's only three lines. Yeah, this approval would not apply to others. Any other carrier would have to come for approval to this town. What most towns ask us to do is to make a very liberal collocation policy because they want carriers to be able to go on our towers. They want us to go on other towers. And with all the major carriers, we have master license agreements, which means we go into another town. We point to it and there's a site license agreement. It's already worked out. So this collocation is um there's great pressure.

That's all.

Okay. You all set? Okay. All right. And again, just for the record, we'll take these letters that were sent. We can't read them all tonight because most of them just came this afternoon. What I'll do is I'll give them I'll give them to Catherine. We'll put them in a file and we'll send a copy to the applicant and let them address anything on here they feel needs to be addressed when they come in for preliminary. Again, this is simply a sketch plan tonight. There's no conversation, no open floor or anything else. So, is that working okay so far for everybody?

Thank you.

When when will back when will it be on the agenda next time?

I'm sorry.

When will the next hearing or when will

I don't know when when they would come back in apply for an application for

they'll be published.

Yeah, it'll be published before.

Katherine, would you take those please and put them in the record? Now, again, not a public hearing. I know some of you live nearby and across the street and here and there. There's all kinds of stuff and stories going around and half of them are bull. I'll keep it short with that. Right.

Yes. But but

wait a minute.

Hold on. Hold on a minute.

Hold on a minute. Hold on a minute. So now what we'll do, I'll open this. If somebody has to come up wants to come up and speak and say something, we give you, you know, two or three minutes, just a short, but please, if somebody else wants to, don't repeat the same things and let's don't beat it to death. Just if you have something new that can help us, God bless you. Bring it up. Just raise your hand, let us know. We'll let you speak. Okay, fair enough to everybody.

Yes. Whoever's in the back. Yes, sir. Um, I'm one of the people that sent you a comment. So, you got my

What was your name?

Robert Jansen. I live right across the street from where this would be.

Okay. If you could pull up page 105, show you where my house is.

Okay. You're close by though, right?

Oh, 380 ft.

Okay.

Um, can't talk about health issues. I would if I could, but I will address the issues of of value. There's no question that towers have an effect on property values that are located nearby. In this proposal on page 125, you'll find a list of 26 properties that are within 500 ft of the proposed tower. There's plenty of evidence that the journal on real estate finance and economics that did a thousand per buyer survey asked them what would you think about being near a tower? 75% said, "No thanks. I don't really want to buy or rent there." 94% I would never buy near there.

Um average cost to the nearby properties someplace between 10 and 30%. In my case, that's 50 to $150,000.

That would be the impact to me. Who would reimburse us for that loss of value? And in most cases, a home is a family's biggest investment. So if you take that kind of hit, and we have some real new homes in our neighborhood. This is called a rural neighborhood. We've had four new homes go in across the street in the last year or two. There's another development, three homes going in just up the street from that. There's a new one right at the end of the field. That's my house at the far end of that picture.

There's the tower. Uh we're 380 ft from that. If you were to turn left and look across Lake Road in this package of proposal, there's no picture that shows that right across the road are a number of homes. They're about 400 ft.

So on value would be significant. That's a major concern to us. I appreciate Mr. Boro's comments about being willing to look at proposals on farm on the farm. I understand they have every right to do what they want. Um there's a lot of land. You think you could push back to the edge of the orchards on both sides.

Well, that's why we're suggesting to take it off that spot and move it back.

Well, there's and there's orchards on both sides and counties.

We could go way back on both of them and exceed the 1500 foot kind of standard accepted level. Now, if

you look at the literature, so I appreciate the ability for people to consider another choice, getting back in the orchards would be great on the farm here. They must be wondering about all the rest of us. But thank you for taking the time.

Okay. Thanks a lot. Appreciate it.

Okay. Anybody else want to any comments or again my point here is reading your letters and I think everybody's got the same situation. You don't want to see a tower right on Lake Road. And I would have to agree 100% with you on that. And what we can do is the best we can do. And that being hopefully they cooperate and can relocate that back in. I don't care if it's on one side of

of County Line Road or the other side, but just get it back in the woods somewhere. That's all.

And we've done it before and they have cooperated very very nicely in the past on other towers. And again, we've had a lot of towers come into town. And this one here, what you folks are doing here is no different than any other tower that's ever been here. So the only thing they have to get a variance for the extra 25 ft because our code says 100 ft. In my opinion, I think the code I spoke to the supervisor earlier. I think that's something that should get changed. Allow 125 ft. We thought years ago at 100 ft we'd have not so conspicuous towers, but then it turned out that you needed more towers because they didn't reach as far. So, with that said, we'll end with that. Hopefully, they can change it. Okay. All right.

Bird off. Did that work for you guys?

Thank you. We will be back to your wedding.

Appreciate that. We're good to go. Thank you very much. And folks, thanks for your comments. And actually I want to thank for being respectful to everybody you know without sometimes people get a little rambunctious and hollering at us and screaming at us pointing your fing we pay your salary. So, thanks for coming in for us. Have a good night. Oh, yeah. All right. We have we have one more

application. Can I ask you to go out in the hall?

Thank you very much. would you guys please take it to the hall? We're not done with our business yet. Okay,

this while they're going out over the years, um, when Lowe's originally came in, it was developed and built and so on and so forth. One of the stipulations was that there was no folks, could you please go outside?

Excuse me.

Folks, could you please go outside?

Thank you. Anyways, Lowe's came in. One of the stipulations there was to be no storage. They have been meticulous with keeping their over the years. We've allowed them to put lawnmowers, snowblowers, miscellaneous things in the front. The fell kept it neat and clean and so on and so forth. A little while later, they wanted to put uh some sheds over there and we were a little concerned initially, but we went along with it. That was along the west property line there by the roadway and I think you've got like four of them there, something like that, right? No big deal. That has not created any issues. And now they're proposing some parking spaces for some trailers. And again, this isn't like it's right on on the main highway like you go out road west and they it looks like flea market. You know, everybody's got everything out in front of the stores and stuff. This is kept well managed very nicely. So, with that said, go ahead.

Good evening. Uh, thank you for your time. My name is Hans. I'm the store manager for the Lowe's. I'm here with Joseph Ster, my operations manager. the opportunity to come on board. Um, as you can see there on the image, what we're asking for is uh to be able to set up uh we propose up to 15 spaces, but a truckload of the trailers would be 10 uh 10 come up truckload. Uh we have 15 spaces just in case they're a little wider than a parking spot. Um just asking for your your approval on the set location uh to merchandise the uh training for our customer rental you're putting that would be near the lumber salad entrance correct

yeah right across the

right across from the pro entrance.

Uhhuh.

Now you really need 15. Can they reduce that down to like maybe half of that? Nine or 10 maybe or something that

Absolutely.

I mean instead of 15 that's that's pretty big line of trailers.

So what what we could do um so 10 come on a truckload we can store the rest behind the building.

Okay. So put eight or nine out in front and the rest got stored in the back.

Absolutely.

Are you guys okay with that?

Yeah. Those kind of flat bed trailers.

Yeah. It's not box trailers. I think the biggest one is 6 by 10.

All right. Anyway,

are are you going to strip it some designated as uh your area just so that you don't have the pro

Yeah.

cars going and parking in your spots or anything like that or

we'll have signage. Okay.

Yeah. My only question was thinking back on the on the um the pickle ball courts and how their traffic is going to flow. How would that impact the traffic flow if that project?

Oh, really? I I don't think it does at all because it's a totally separate piece. The road is all the way over further to the east proposing to come in there.

I thought it was going well. Yeah, it goes across the back on the north line. Comes down there where they're proposing is just right at the edge of

currently it does drop it right down that aisle, but it's not going to be there. It's going to be extreme. One of one of the town's concerns, this is an image from last spring and there was a large stockpile of mulch in in this for a good period of time. As as the other properties develop and this access road becomes more heavily used, I just think you should keep in mind not to keep as many stock piles of mulch in that location. maintain around the curve there, right? Okay. So, you're stockpiling your stuff.

Probably need to move some of them. You already got a bunch there, right? You might have to clear it enough so that there's clearance around that curve.

Especially development, the development on the east of the rental store on the west side. I mean, courts now. The other concern Josh just is yes bag mulch but there's always those months and you have rain events phosphorus coming from the mulch that's not going into the storm water system which could cause green plumes even more. So just be careful if you're keeping this this amount store should really be in an enclosure somewhere.

Yeah, that's all it's all bag and sealed. That stuff is not loose. They don't sell loose.

It's all sealed. bag doing this. How many years been doing that? No issues with that. Once a bag gets broken or something that's disposed of.

Um, all right. Look, everybody okay with this?

Yeah.

All right. And I'll make a motion that we allow those to create along the east property line opposite the lumber entrance there as showing on the drawing parking for what we say like I think that's 9 Let's make it nine. Yeah. Nine. Nine trailers to be allowed to be parked in that area and designate that area for the trailers. Okay. That would be a motion. Need a second.

Second.

All in favor?

I

I Okay, we're good. You're all set, guys.

Thank you. Thank you very much.

I'd like to make a motion to the meeting minutes February 3rd. I'll second. All in favor?

Thank you.

All right.

What's that?

All right. Anything else we need to

I guess we're all set then. With that, I guess we're all set for the evening. Thanks for coming in.