WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=3uc51pMqD4s

Part: 1

1
00:00:07.279 --> 00:00:24.160
Madam Chairwoman, would you please bring the meeting to order? Right. This meeting is being held in compliance with the Open Public Meetings Act, chapter 231, Public Law 1975. Adequate notice of this meeting has been provided to the Coaster and Asbury Park Press by publication of the annual meeting notice

2
00:00:24.160 --> 00:00:41.040
and post on Municipal Bulletin board and municipal website. All notices are on file with the board secretary. Official action may be taken on the following matters before this board. This meeting is being recorded by APV for APV for your viewing pleasure in the near

3
00:00:41.040 --> 00:00:59.960
future. Um please join me to salute the flag to the flag of the stand. One nation under God, indivisible, with liberty and justice for all.

4
00:01:00.559 --> 00:01:18.799
>> J time for roll call. >> Yes, sir. >> Okay. Uh James Vano >> here. >> Councilwoman Ivon Clayton >> here. >> Jim Henry >> here. Mayor John Moore >> here. >> James Sold

5
00:01:18.799 --> 00:01:36.479
>> here. >> Daniel Shanno here. Bob Zuckermanman is absent. Kathy Mclofflin >> here. >> Michael Gon is absent. And chairwoman Bobby Kris >> here. >> Okay. Uh the uh the application up is a

6
00:01:36.479 --> 00:01:53.200
is a request for an extension of preliminary and final major site plans for the temporary tent enclosure 208 Main Street. >> On this one, um everyone who is here is eligible to vote. Kathy, did you listen to

7
00:01:54.479 --> 00:02:10.399
Oh, this was this is one of those that hasn't been heard in >> you can participate >> uh you can vote because the last time around it had to do with this issue. It's a limited issue case. >> I I read >> Oh, you also you can give me a certification that you read the

8
00:02:10.399 --> 00:02:26.720
transcript on that? >> No, I didn't I didn't read the transcript. I mean I just read all the documents. >> Okay. But you didn't I can't vote. >> No, you can't vote, but you can participate. >> Okay. >> Okay. Thanks. I'm sorry. >> Is it which which what would she be looking at? >> The last hearing from the

9
00:02:26.720 --> 00:02:43.280
>> 20 23 >> 23 >> 23. >> Yeah. Everyone else here participated in >> Okay. >> Yeah. >> All right. >> Yeah. Let me just check. >> Yes. >> Okay. >> Okay. And I've reviewed the notices for

10
00:02:43.280 --> 00:02:59.599
tonight. They're in proper form. So, we certainly have jurisdiction to proceed. Mr. McGill. >> Thank you. Good evening. Good evening, members of the board. My name is George McIll. I represent 208 Main Street Realy in this matter. Really, I represent Mary

11
00:02:59.599 --> 00:03:15.840
McGillian who is the sole member of that LLC. Um, I realize that the board has no idea what we have been doing for the last 3 years. We were here in 2023, April 2023, looking for an extension of

12
00:03:15.840 --> 00:03:33.120
our site plan approvals because Mary was involved with in litigation. Uh John McGillian passed away in July of 2020 and um that resulted in some ongoing and um I would call it bitter litigation. Um

13
00:03:33.120 --> 00:03:52.080
lasted for 5 years. um resolved in April of 2025. On paper, there were certain conditions that had to be um met. One of them was the sale of 600 Main Street. And uh that's the why. And that was sold

14
00:03:52.080 --> 00:04:08.239
um November 7th. That was that was finalized. That was the last condition that had to be met for the settlement. And the uh uh just to give you an idea how how the whole thing went. I wasn't involved in the estate litigation that

15
00:04:08.239 --> 00:04:24.160
was handled by Girard Dan O'Haler and Cecila Mike Canning handled that and and thankfully because I watched it from afar and it was it was pretty bitter. So, you know, after we did the final closing, then I got a letter November

16
00:04:24.160 --> 00:04:42.639
11th contesting the the escros further based upon the settlement. So, you know, back in 2020 when this first started, the court entered an order telling everybody how they're going to act in this um in that litigation. and and to

17
00:04:42.639 --> 00:04:57.680
to the extent Mary Mary Mary they contested Mary being the administr of the of the estate and I don't want to get too much in involved in it because it it the bulk of it isn't relevant here but um court put in an order saying that

18
00:04:57.680 --> 00:05:15.039
uh Mary could uh handle the properties um in the ordinary course but couldn't do anything uh extraordinary couldn't encumber the properties and um um couldn't couldn't couldn't really do anything except conduct the business. I don't know what

19
00:05:15.039 --> 00:05:30.479
the exact wording is. I could read it to you um if you wanted to if you wanted me to. But you know, that's that's pretty much it. We were tied up in this litigation. Um and that just really tied

20
00:05:30.479 --> 00:05:46.880
Mary's hands, our hands. So after that was all wrapped up, we filed this um request for an extension. And this is not like the last extension where we came down and said we don't

21
00:05:46.880 --> 00:06:04.000
know where this is going. Um that was true then and obviously true because nobody nobody thought it was going to go into 2025 like it did. Um so that's what happened. What we plan on doing is um we

22
00:06:04.000 --> 00:06:20.800
would like to get an extension. So we have William Z and Browno. He's the uh architect um that's on the project and he's preparing plans because if you recall we had that issue with Sacman and the building there and the building was

23
00:06:20.800 --> 00:06:36.319
undermined because this this actually had approvals and it and it the construction started. It's not like this the construction never started on this project but it the 2015 approvals were acted upon and when

24
00:06:36.319 --> 00:06:50.960
they were doing it they they undermined Sackman's building um the Kinmouth building and you know that resulted in litigation and and we were here looking for an extension because of that litigation and um so um we we're going

25
00:06:50.960 --> 00:07:07.919
to we want to redesign the basement so that our basement we're going to build on the line But our basement's going to be off the line so that we keep all Sacman building where it's supposed to be. Don't run into any of that undermining issue. Um, and we

26
00:07:07.919 --> 00:07:24.080
want to connect into 228 and and Mr. Zambbrano is is working on those plans now. Um, and after he's done, uh, Carolyn Fagan, uh, who's here tonight as well, will will engineer it. And she has

27
00:07:24.080 --> 00:07:40.080
engineered the project in the past. She doesn't think that um you know she needs more than she said two weeks. So >> two years. >> Excuse me. >> Two years. >> Um oh >> the letter you're referring to.

28
00:07:40.080 --> 00:07:56.639
>> We're not asking for two years. >> Okay. >> This is this is what we're asking for in a nutshell. Um, we want to come back here in in September with the amended plans with Carolyn's um new engineering, which won't be much because she she engineered it already. Um, but she'll

29
00:07:56.639 --> 00:08:11.919
have to make some changes and come back here in September um or thereabouts, I guess. Um, and u come back before the board seeking approvals and we can deal with the whole thing um

30
00:08:11.919 --> 00:08:28.240
at that time. and um plan is to make these amendments, come back for approvals, and break ground in in the spring. So that's that's really what we're looking to accomplish. And so that

31
00:08:28.240 --> 00:08:44.480
that's what we're going to do. Mary probably I know the board wants that to be resolved. I understand that. But I don't think anybody wants to get this done more than Mary. Um Mary Mary was John's partner, John's

32
00:08:44.480 --> 00:09:02.000
wife. U but Mary's different than John. Um Mary's efficient, practical, down to earth, and and that that's the way she's she wants to operate a business. John John, you know, he was on on a different level. Um

33
00:09:02.000 --> 00:09:17.040
but Mary wants to operate a business. So she wants to get this um done. I I could have her testify to that and I could have the experts test answer any questions. Well, I guess we'll swear them in for the for your questions. But

34
00:09:17.040 --> 00:09:34.320
in a nutshell, that's that's what we're looking to do. So, if we could get extensions, um my thought was to to um that we'll we'll file by September or in September, just five months. And if we could have

35
00:09:34.320 --> 00:09:50.880
an extension to September so that we can file and then to whatever date the board's going to give us because if we file September and you're all backed up, you might be out into, you know, I I don't know. you you seem like you you're moving your matters along pretty good.

36
00:09:50.880 --> 00:10:07.519
So, uh so that was our thought. If we could uh have that not two years, just to September, we'll be back in front of you. You'll have control of it because we got to be back in September. You can make that a condition. I say you could make that a condition. You know, I you

37
00:10:07.519 --> 00:10:24.000
don't need my permission, right? I don't mean to say it that way, but that was the idea to um extend it to September. Come back. You can look at what we're doing. We're going to show you what we're doing. Um and and and you know,

38
00:10:24.000 --> 00:10:39.680
we'll we'll have a a schedule for you when we're going to start, which you know, we come in September. I guess we're you know, we're not going to start in the winter months. So, as soon as we can in in the spring start, Mary has already talked to a builder. Um, there's

39
00:10:39.680 --> 00:10:56.959
no contract in place, but there both both parties are of the same mind that they're going to do the work. So, there's no contract, but you know, that that part of it is in place. So, it's the architect, the engineer,

40
00:10:56.959 --> 00:11:17.519
the builder, that extension. That's why we're here. That's pretty much it. Thank you. >> So are you are we saying that when you say file, can you tell me what in your mind what does file mean?

41
00:11:17.519 --> 00:11:32.800
>> File an application in September. >> So is that a completed application? Meaning that it's totally done. It's 100% done, 100% complete. that the planning department does not have to come back for more information, more

42
00:11:32.800 --> 00:11:48.959
information, more information, which has historically been the case. >> I would say yes. >> So, you're saying a completed application in September? >> Yeah. I'd like to give myself like 2% slush on all that, but yeah, completed application. That that's what

43
00:11:48.959 --> 00:12:05.680
>> Okay. Even if you have a completed application, we still need a certain amount of weeks to get a report out so that we can schedule it. >> Okay. >> Right. >> So my proposal would be more

44
00:12:05.680 --> 00:12:22.160
August completed application completed by you and completed and that that our our planning department says you're done. you're ready to give to our professionals,

45
00:12:22.160 --> 00:12:38.880
which would mean that we would be able to hear it in September. So my one of the reasons why this is so much of an issue, at least for me, and I'm only one person, is that this has not

46
00:12:38.880 --> 00:12:55.920
been going on since 2023. This has been going on since 2013. So this has been 13 years that we've been doing this. That does not sit well in any way. So an extension is

47
00:12:55.920 --> 00:13:12.000
we'd have to talk to what the other people on the on the board here feel, but we need to hear this with a completed application on what the new structure is going to be and done. I mean done.

48
00:13:12.000 --> 00:13:26.240
>> We're good with it. >> We're done. cuz because I understand that you need some time in order to finish this even though I think you should have had it done at least a few years ago if not 13 years

49
00:13:26.240 --> 00:13:42.000
is is a freaking long time. So I need to understand what do you plan on providing if we say that we do provide you an extension of a few months. Tell me what are what are we building? What are we

50
00:13:42.000 --> 00:13:57.360
doing? Are we if you're if we're saying that because I'm I'm I don't really understand as much because from what I heard is that all we were doing was not building to the line. So that can't take

51
00:13:57.360 --> 00:14:14.480
a whole heck of a lot of time to design. >> Correct. the the changes will be 228 has approvals in its half bill and it it couldn't it couldn't be finished because of the litigation either because and there there's >> Can you just answer my question?

52
00:14:14.480 --> 00:14:31.440
>> What are we what are the changes that are being made? Are we just not building to the border? >> The rear line. >> Yes. >> The basement is going to be pulled in. >> Okay. >> And we're going to connect to 228. >> Okay. So, how long is that going to take? Is that going to take 3 months?

53
00:14:31.440 --> 00:14:47.519
Is that going to take two months to create? How long is that going to take? >> I asked the architect 45 minutes ago that question. I asked him and last week um two to three months. >> That would take 3 months. Well, I'll tell you that your engineer is excellent. If she can do it in like two

54
00:14:47.519 --> 00:15:02.800
weeks. >> So, what's the problem? >> I I I don't know. Okay. >> All right. Let's bring him up. What's the problem? >> We'll have to swear him in. >> Yeah. Will you raise your right hand, please? Swear affirm testimony about forgiveness matter the truth with the whole truth and nothing but the truth.

55
00:15:02.800 --> 00:15:18.800
>> I do. >> Please state your name for the record and spell it. >> Willie Zbrano. >> Okay. And before >> W I L Y. >> Okay. >> Z A N B R A. >> Okay. Let's get Donna sworn in as well. Sure. Please raise your right hand. >> Sure. >> Swear affirm that testimony about given

56
00:15:18.800 --> 00:15:34.720
this matters. >> I do. Okay. >> Your name for the record. Your affiliation with the board. >> Donna Miller, board planner. So Willie, are you still licensed? You have a current license in the state of New Jersey, similar to you did on the prior five or six occasions? >> Yes, I do.

57
00:15:34.720 --> 00:15:49.600
>> Okay. >> All right. So, can we understand why the engineer will take two weeks and you're going to take three months? Can you please explain that? >> I I can certainly do. Um, there are revisions that we want to actually do on

58
00:15:49.600 --> 00:16:04.800
the interior part of the building at the rear. uh the connections to 228 which has already been um in construction but I had told uh

59
00:16:04.800 --> 00:16:20.880
Mary here that there are certain areas that need to be reconfigured in that building as well. >> Okay. So it's not just you're building off of the line you're there are many more changes. >> Yes. >> So that's not it. And there is also the

60
00:16:20.880 --> 00:16:39.040
fact that we want to make sure that we stay away from the foundations adjacent to the wall. >> Understood. >> Step down footings that would allow us to also do um a seller that would also uh create a connection to 228 as well.

61
00:16:39.040 --> 00:16:55.600
>> And is 228 the just so that you level set where is what is 228? >> 228 is the corner building >> on which corner? So Madison Madison >> on Madison. So the building that's already constructed, correct? >> That's empty. >> An existing building. Yes.

62
00:16:55.600 --> 00:17:11.839
>> Okay. >> All right. So you're looking to connect to that. >> Further than that, uh originally we were going to go up two two stories on top of that building and we're going to eliminate that and reconfigure the roof for that building as well.

63
00:17:11.839 --> 00:17:28.160
So is your vision, your collective visions, are you looking at variances that that are going to have to be dealt with? >> There are no variances because that uh was actually a proposed fourtory story building, >> right?

64
00:17:28.160 --> 00:17:47.919
>> So two stories on top of that. >> We're not seeking any varian. >> So the changes will not the changes that you're seeking will not >> will not affect the variances >> will not affect the the variances. >> Okay. Is is 228 complete?

65
00:17:47.919 --> 00:18:02.640
>> No, it's in the middle of construction. This interior is all like a skeleton. >> So, is that part of this project? >> It's part of it. It's part of the connections to create this uh small little village.

66
00:18:02.640 --> 00:18:19.039
>> Is this part of this application? Is 228 part of the application? >> It was from the beginning. >> Well, is it now? Not for tonight. >> Not for tonight. >> No, tonight is the extension of the approval of the temporary facility >> cuz they work to that. >> So, but that's

67
00:18:19.039 --> 00:18:34.880
>> as an entire project, it is part of the whole the whole >> So, with what you're coming back with >> what you're going to come back with is >> 228 and whatever the modifications are where

68
00:18:34.880 --> 00:18:50.160
the tent is right now. >> Correct. >> That's what you're going to come back with. But they're also going to come back with amendments to the entire project, >> right? >> So that it'll be taken care of in one fell, >> right? We need we need it all taken care of in one

69
00:18:50.160 --> 00:19:08.000
>> application. One application rule of necessity says 13 years later, we have to be able to operate and I can't dig people up from uh Mount Calvary Cemetery on Asbury Avenue. So everybody who's here will be eligible to

70
00:19:08.000 --> 00:19:24.080
participate because we're going to look at it. You're going to look at it in totality anyway. You'll be fine. You'll be fine. Yeah. Law law understands a project that's 13 years old, we're going to get new board members. So we'll be fine. >> Okay. So if we if we're saying it takes

71
00:19:24.080 --> 00:19:39.840
three months. Yes. >> Okay. So that's May, June, July. >> So if we do and then obviously the the uh engineer will have to do what they have to do. So if you're saying at before the end of August, so mid August,

72
00:19:39.840 --> 00:19:55.200
let's just say arbitrarily August 15th, you're done. You've filed, you've completed >> to to the planning department. >> That brings you into late September. Is that right? Is my math right? >> More or less.

73
00:19:55.200 --> 00:20:12.000
>> More or less. That brings you in to see us late September if if there's room, right? So let's let's say that if we do that what happens and this is a technical

74
00:20:12.000 --> 00:20:27.200
issue Jack >> is that if we do that what part of the extension is to leave that tent functional because that extension is not for the that only brings us to August.

75
00:20:27.200 --> 00:20:43.280
>> Well let's let's extend out to August. >> Yes. have them come back. The application will be pending. You're going to do an amendment as soon as that that is heard. If you want to go technically go to September, if we're going to get heard in September, we

76
00:20:43.280 --> 00:20:59.520
carry the extension out until as long as to October or so. But the bottom line is you'll you'll once you get a complete picture in front of you, you can always extend that further to make sure that the project is fine. So you you're not

77
00:20:59.520 --> 00:21:15.280
going to shut them down while they're work. I assume they're going to be you're going to try and keep the tent operational during construction. >> Um >> I don't know how you I don't know how you can tent is >> you know I don't know >> I I don't know if we if we will be able

78
00:21:15.280 --> 00:21:30.960
to do that but >> tell us why. >> Well, you won't be able to do what? >> Operate the tent. >> No, that that's a question. It's a question not a state. not as fine. That's okay. >> Can we just can we deal with that when we come back because maybe that's part of it. I don't know. >> Okay.

79
00:21:30.960 --> 00:21:46.320
>> But but you'll come back for for your review and you'll see the whole plan >> and that's why I was suggesting that you know we carry the extension out to the matter being heard so there's no lapse. >> Only carry the extension as far out until you until you only take it as far out as you need to.

80
00:21:46.320 --> 00:22:02.559
>> Right. So take it to when it's coming in in August or September and then you'll deal with it. If it needs to be further extended, you could always further extend it based on the circumstances. Bottom line is you you want the project in totality before you complete

81
00:22:02.559 --> 00:22:19.919
completed application filed in August. reports requested for into September. So, Donna can do her thing, engineer can do their thing, get them back in here for hearing September, Octoberish. Get the matter completed, construction, scheduling, everything, the whole nine yards complete. No more

82
00:22:19.919 --> 00:22:36.080
changes. I'm going to talk about that in a second. And then put them on a schedule. And if you need to carry out the temporary approval, fine. If the way it sounds from George, if it turns out that they can't continue to operate that, there's no need to further extend that approval. That approval will go by

83
00:22:36.080 --> 00:22:51.120
the wayside. It'll die a natural death. >> But it can be a condition. The condition can be all that the application has to be filed and completed. >> Yes. >> In the planner's office, the planner's office says it's complete. >> Yes.

84
00:22:51.120 --> 00:23:07.840
>> On whatever date we say and the extension is to like, let's say, the end of September. Sure. To whenever we hear it. Absolutely. >> Okay. >> And that sounds like it's consistent with what you're requesting. >> Yeah. Basically, yeah, that's that's we're we're good with it, right?

85
00:23:07.840 --> 00:23:23.520
>> We're good with it. >> Yeah. >> Does anybody anybody have any questions on the board about any concerns about the thought process? >> Yeah. I don't want to die before it's done. So, please, please. >> Yeah. Neither do I, actually.

86
00:23:23.520 --> 00:23:39.799
>> Neither do I. >> I I was thinking that 13 years. I was like, well, I was a lot younger back then. We all were, I suppose. >> Is this going to have any impact on the green tent or is that remaining as it is? >> No.

87
00:23:40.240 --> 00:23:59.280
>> As part of this extension, I'd love to see that site get cleaned up. I mean, that the fencing around the uh the 228 the the place doesn't look good. I mean, this is prime real estate in downtown

88
00:23:59.280 --> 00:24:14.960
Asbury Park. >> Can you clean it up while during this extension? >> Sure. >> Are you going to be doing any exterior work on 228 or is that complete? >> The exterior is complete? Yes. Except

89
00:24:14.960 --> 00:24:31.840
for the name in front. >> So then if it if the exterior is complete, to Jim's point, can we clean up? No, we can't take that away. >> You can't take that away >> until the whole whole project is done. >> Right.

90
00:24:31.840 --> 00:24:47.760
>> Is that security? >> Yeah. >> Okay. Security purposes. >> Go ahead. Um, can you run through um, and I don't know if you're going to need to bring in your engineer just to get the questions

91
00:24:47.760 --> 00:25:05.120
answered, but um, what outside agency approvals are outstanding? Like, do you have a DOT permit? Do you have >> Carolyn's Carolyn? How are you? >> Good. How are you? >> Good. Obviously, we're affirming testimony that night truth, the whole

92
00:25:05.120 --> 00:25:19.600
truth, and nothing but the truth. >> I do. Yes. Could you please state your name for the record? And you're still a licensed civil engineer, I assume. >> Yes, I am. It's Carolyn Fagan, Fisenfrank, EI G I N with ARH Associates. Um, licensed professional

93
00:25:19.600 --> 00:25:35.360
engineer and professional planner. Um, okay. So, we had DOT permits. Everything is since expired. Um, we had an O freehold soil conservation permit. Um, we'll have to just go back and get new ones on those

94
00:25:35.360 --> 00:25:51.039
>> research. Um, yeah, we'll do a research. Um, we were exempt from Mammoth County Planning Board, which I'm anticipating we'll get another exemption letter from them. Um, at the time when we were really deep into the design, DOT was coming through with plans to redo Route

95
00:25:51.039 --> 00:26:06.960
71 Main Street. Um, I see they've done like the handicapped corners. I don't know that the sidewalk was ever done all the way through or the roadway, but um, we want to I don't know if anybody >> Are we still waiting on street trees? different project, but yes, but that doesn't affect them. >> Yeah.

96
00:26:06.960 --> 00:26:24.080
>> Okay. Um there were plans in the works at that time to redo all of the paving and sidewalk curbing and whatnot across the frontage. So um one of the things we want to do is just look at our survey to see if everything existing conditions wise matches or we need to get a new um survey. So although that won't take any

97
00:26:24.080 --> 00:26:40.880
time out of the schedule, um while Willy's doing his work um on the architecturals, we're going to go out and look at the uh existing conditions. Um we are going to need to go back to DOT though for sure. So that unfortunately is like a time frame that

98
00:26:40.880 --> 00:26:56.400
really stinks. Um I'm hoping that maybe we are >> What exactly is your permit or >> um it was curbon sidewalk along the frontage? So all of the elevations there um where you just have like a zero because it's an open floor plan in there. We have to have the runoff that's

99
00:26:56.400 --> 00:27:12.000
going to sheet flow out to the street. Um we had to make sure um all of our little floor drains were compatible um with grades and then make sure that their future elevation of their curb and sidewalk was going to work with the interior grading um inside and then

100
00:27:12.000 --> 00:27:27.520
again tie that into the existing Johnny Mack building and tie that into the 228 building. So, a little bit of a grading exercise there. Um, so the DOT permit wasn't a road opening permit, but it was um curbon sidewalk. >> Yeah, like working in there right away.

101
00:27:27.520 --> 00:27:43.440
>> Um, so I imagine we're going to have to refresh that. I'm kind That's the one I'm probably dreading a little bit the most. But, um, actually, right now I'm just going to open up that can of worms and reach right out to them. So, that way I don't have any plans to show them yet, but just to talk to them about the

102
00:27:43.440 --> 00:28:00.320
process. So, >> okay. >> Is there any possibility that um any any of this could be done simultaneously with what you're doing so that we don't have to then start that process again in Octoberish and then be delayed for god knows how long it's been.

103
00:28:00.320 --> 00:28:16.960
>> I don't know the answer as if that's a possibility. Um I think when we file the application with the city uh planning board, we would be simultaneously sending out to SED to Mammoth County for the exemption and we won't have plans ready until then. So that'll be when it

104
00:28:16.960 --> 00:28:33.039
has to go to DOT as well, unfortunately. I want to reach out now just to get the proc explain them what's going on. Maybe they'll surprise me and say, you know, you if you're working within your property line, then nothing needs to be done. Um >> yes, I would love that if that's the case. I mean, we're not doing a

105
00:28:33.039 --> 00:28:50.320
subdivision. We're not, you know, um, if we could keep everything behind that rightway line, but there was like a drainage tiein back then, which I think has since been completed. So, um, I'm just going to go back and refresh all of that. And, but unfortunately, I don't think we'll be able to really make a submission until our plans are done in

106
00:28:50.320 --> 00:29:06.679
August. So, and then we'll shoot everything out at once. But those are the only three really. And Mammoth County is an exemption, so that shouldn't take any time. SEDD will be relatively quick. We're going to do the exact same thing we did last time when we got a certification. So, nothing new there.

107
00:29:07.120 --> 00:29:23.120
>> How does uh anyone any other comments from the board here? >> Any concerns? >> The only thing I'm thinking is like if they're saying September, we're saying August. We've been 13 years. I'm a firm believer in like measure twice and cut

108
00:29:23.120 --> 00:29:39.919
once. I mean, we're talking about another 15 to 30 days where they're going to make it and we're not going to be delayed. >> Mhm. >> And especially we do not know what your schedule's going to be in >> September or October or November.

109
00:29:39.919 --> 00:29:56.080
>> I mean, right, >> I have no problem giving them to September instead of August. >> So, September, you're saying September 1st or the end of September? because if it's because we could do it to the end of you know August 31st but we would ask them to see what what what works for you guys also to say

110
00:29:56.080 --> 00:30:11.919
because you're right that we don't want to do this again >> right so I mean say September 15th when you say >> so if you say so if we're saying that if we do it for se if we say that we need everything filed and completed by September 15th it won't even come to us

111
00:30:11.919 --> 00:30:28.720
until November because we need six weeks to get the reports done So if we would say August 31st, but really it has to be you got to tell us. >> Mhm. >> We're looking at if we say August 31st and 6 weeks from that that brings us

112
00:30:28.720 --> 00:30:47.919
into midepptember to hear you midepptember. >> Yeah. >> Right. It'll be midse it will be October 1st. So it'll be in October sometime. >> Yeah. I think October's fair. I think we're all good with committing to I'll be making the application with Willy's

113
00:30:47.919 --> 00:31:03.120
stuff, my stuff, doing the application packet. Um, I think we have no issue getting that submitted by the end of August, allowing your professionals the 45 days to do the deem it complete. Then we need time to do our noticing um, which may put us on a hearing. It

114
00:31:03.120 --> 00:31:18.240
everything could move faster, but it could be October before. We're saying so >> just to repeat if I'm hearing it correctly we're saying to it one of the conditions is August 31st >> for submission >> for filed completed not filed first time completed

115
00:31:18.240 --> 00:31:34.880
>> well we anticipated yes yeah we wanted to obviously deemed to complete the first >> things will keep coming back to you but you're done on the 31st of August right >> so that >> and then we do our reports we schedule that'll probably be closer to October

116
00:31:34.880 --> 00:31:50.080
15th ish. >> Yeah, >> something in that area. Late October. >> That's 6 weeks. >> Yeah, >> that pretty much gives us 6 weeks to do what we need to do and we could we could get you on the schedule. >> Yes, I think that's >> at that point. Yeah.

117
00:31:50.080 --> 00:32:06.720
>> So, the condition is submission by August. >> August 31st. Correct. The the >> not submission >> deemed complete by >> deemed complete >> completed bystion the extension of operating the 10th

118
00:32:06.720 --> 00:32:22.080
>> sometime thereafter. >> Well, that's what we have to decide also. What's that date? >> Yeah, until until we hear the case. Certainly. >> Yes. >> Okay. Um, but I wouldn't go too far out because you if don't want to give them more time than you want because the

119
00:32:22.080 --> 00:32:38.240
circumstanc Yeah. I mean, we want you want it you want it to end at some point. You want you want to keep control. >> So, if you want to extend the uh this till September, October, you can. But >> don't go much further.

120
00:32:38.240 --> 00:32:53.760
>> No, but we don't know when we're going to be able to hear them. >> No, that's all right. So, >> you know what I'm I'm just saying that October 15thish is the closest we can hear them. >> That's such a good operating. >> Yeah, but they're they're expired. >> They're operating. >> Yeah, but Yeah, but technically they're

121
00:32:53.760 --> 00:33:09.840
expired and we could say shut down. >> Yes. >> Yeah, today we could say shut down. >> Resolution says this is good until this >> Oh, the 30th. I'm thinking I'm sorry. It's April. >> We'll extend it out, >> right? It's up to the It's up up to the 30th. All right. So, you extend it out

122
00:33:09.840 --> 00:33:27.519
whatever appropriate time you think is is fine >> and then they'll come back. And if for some reason you need to extend another month or two, that's fine. But it sounds like you may not because they may they may have to cease operations once they start work. >> I'll I'll Yeah. Um

123
00:33:27.519 --> 00:33:43.039
we talking amongst ourselves if we could try to get this in by July 31st. Um because I feel like it's a little confusion of are we trying to be deemed complete by August 30? Yes, technically the city's allowed to have 45 days to deem it complete. It doesn't maybe normally take that long, but um in my

124
00:33:43.039 --> 00:33:59.039
mind, if we were submitting by August 31st, they're doing that process during the month of September and then we have time to do our noticing and we'd be on in October. But if you wanted us to try to move that up a little bit, we could try to submit by July 31st. Um and then

125
00:33:59.039 --> 00:34:15.520
we have the month of August to be deemed complete and hopefully we're on a hearing in September. We put a deadline and you need to be you need to be deemed complete by August 31st, >> right? >> Submitted and deemed complete by August 31st. So, whatever time that whatever whatever that forces you to file,

126
00:34:15.520 --> 00:34:32.240
>> plan on at least 45 days. Michelle's going to be out. >> You know, >> that means the middle of July for submission. Now, we're getting tight. I'm going to be honest. >> We have certain amount of things to do. That's why we have to talk about it. >> Not force the planning office to act within less than three weeks, >> right? I have to assume that's going to

127
00:34:32.240 --> 00:34:48.399
be 6 weeks. So, and then we need 10 days to do the noticing. So, you know, as far as the meeting schedule and whatnot, >> the noticing is a separate issue, >> right? But we can't do that until you're deemed complete. >> We'll give you the date of the application and then we'll talk about the legal end of the notification thereafter. But what's most important is

128
00:34:48.399 --> 00:35:06.000
that we get the deadline for a completed application. So, we know we got to do is schedule this thing and move it forward. >> Okay. Then, can we say we will submit by uh let me see. I feel like I'm just trying to do some quick math in my head here. Um, if we submit by July 31st,

129
00:35:06.000 --> 00:35:23.040
that way you have 6 weeks to deem it complete. That puts us at the middle of September and hopefully we're on your first agenda in October. Does that work? >> September 30th. >> September 30th. >> Okay. I'm sorry. >> I say agree. Just do September 30th. One month and I think everyone will be comfortable. Okay.

130
00:35:23.040 --> 00:35:39.280
>> Okay. And if we can get anything done faster, like I'm going to try to double up on I'll get the application package ready. my cover letters, my all of that while, you know, Willie and I are doing our technical portion as well. So, we can Well, just so that we're clear, like let's say if we do say September, the

131
00:35:39.280 --> 00:35:56.800
end of September, we need six weeks for the reports. So, that brings us into November to here in November. That's what it really brings us to. >> Is that a problem? >> No, I'm I'm I'm just trying to put it all out there. just doing crushing

132
00:35:56.800 --> 00:36:12.400
crunching them to do July July 31st, but like then we're it's more risk >> to have a problem if they're rushing. So why not? >> Yeah. Why would you want to suggest July? >> Okay. >> I I feel like I'm getting I feel like I'm trying to uh satisfy the board and

133
00:36:12.400 --> 00:36:28.240
do as much as we can, but you know, there are just technical things that need to be done right now. So yeah. Yeah. >> That's okay. We just want we want it to be done. >> Yes. And we don't want to squeeze you if we don't have to too much, >> but we also we're talking about 13 years.

134
00:36:28.240 --> 00:36:43.359
>> I am. >> So, so >> I was here. >> Here's the All right. So, at this point, we we we're looking for so filed um and completed September 30th. >> Yes. So,

135
00:36:43.359 --> 00:36:57.839
>> right. Right. >> That's the goal. And then we we get the reports and after that that'll bring it into November. >> So then the extension is really to November end of November. >> Sure.

136
00:36:57.839 --> 00:37:14.800
>> That's the real extension. The condition is September 30th. Yeah. Everything >> and at that time the issue of extensions and that whole 10 thing will have to be addressed because it may very well go away and you're not going to want to extend any further. >> Okay. at the hearing when we come back in the fall, we'll talk about our SK,

137
00:37:14.800 --> 00:37:31.680
right? We we just spoke earlier. Um >> part of our submission will be just addressing um the timeline moving forward and we'll have a better idea once we get through the design. Okay. We'll have a timeline to present to you at that planning board hearing. >> I go ahead. >> You go.

138
00:37:31.680 --> 00:37:48.400
>> Okay. George, do you mind calling Mary? >> I'm not going to I'm just going to ask. >> You probably have the right to call her, Jack, but I'll call her. I'm I'm very I'm curious. I'm not going to >> I call Mary McGillan. >> Thank you. Mary, please raise your right hand. You solidly swear affirm testimony

139
00:37:48.400 --> 00:38:03.040
about to give this m the truth to nothing. >> It is. >> Thank you. Okay. You've heard everything that's gone on tonight. >> Yes. >> Okay. I know from talking to you in years past, over 13 years, you operate

140
00:38:03.040 --> 00:38:20.160
differently than John. John had a great mind. He just couldn't stay in one spot for too long. >> It's true. >> You were different. You always just said, "Let's get this done and over." Correct. >> Yes. I need it done, too. >> Yeah. Okay. You've heard what's going to happen. >> When you come back, you've heard your

141
00:38:20.160 --> 00:38:34.640
attorney. You've heard your engineer. You've heard your architect. Everybody says we're going to come back with final plans, and that's what's ultimately going to be built. And we won't have any more modifications and no more festing, no more nothing.

142
00:38:34.640 --> 00:38:52.880
>> I'm not John. I know. Fair enough. I have no further questions. We understand each other. >> That's what that's what we're looking for. We want We all want it done. >> We all want it done. And you know, it's a prominent corner. It's prominent part on Main Street. We really want it done.

143
00:38:52.880 --> 00:39:08.640
>> I understand. >> As much as you do. >> I understand what you've been through. I understand. >> Okay. >> All right. >> Does somebody want to make a motion? And the conditions really we're going to extend the this approval for this until >> till the end of end of November. >> November of 26.

144
00:39:08.640 --> 00:39:25.280
>> Yes. >> And the major condition is a completed site plan application must be filed no later than complete an application must be filed and deemed complete deemed complete >> no later than September 30th. Right. And

145
00:39:25.280 --> 00:39:40.240
that should not squeeze the planning office or anyone here if we have that agreement. >> Yeah, that thank you very much. That that's very fair and we can do that. Yes. Thank you. >> All right. >> I need a motion. I'll make that motion, Jack. Jim Henry,

146
00:39:40.240 --> 00:40:05.200
>> second. >> Okay. Now, let's put on my other hat here. James Man, >> yes. >> Councilwoman Yvon Clayton, >> yes. >> Jim Henry, >> yes. >> Mayor John Moore, >> yes. >> Jennifer Ser, >> yes. >> Daniel Shameo,

147
00:40:05.200 --> 00:40:22.480
>> yes. >> Uh, prisoner. >> Yes. >> Okay. Motion car. >> Excellent. Thank you very much. >> Thank you. We we exc >> with a beautiful with a beautiful change.

148
00:40:22.480 --> 00:40:41.040
>> Beautiful building. >> Okay. Um next item is that we have an executive session. >> Yes. And I have a resolution here uh >> to have the to have it >> very purpose. >> Okay. So I need uh who will make a motion to go into executive session

149
00:40:41.040 --> 00:41:22.599
>> for the purpose of discussing the two >> Jim Henry motion. >> All in favor? >> All oppose. I'll get him. >> Okay. Uh, we'll just need you to leave. >> Roll call.

150
00:41:23.520 --> 00:41:39.280
>> James Mano >> here. >> Councilwoman Ivon Clayton. >> Yes. >> Henry >> here. >> John Moore here. >> Jennifer Solder here. >> And Shannon Mayor here. >> McGraw >> here. >> Barbara Krisette >> here. Okay, we're back. >> All right. Uh what uh I'd like to make a motion. >> Okay.

151
00:41:39.280 --> 00:41:56.079
>> For us to uh the in in regarding conflict planner and uh appointment of conflict planner, appointment of conflict engineer for us to be able to uh appoint if we ever needed one from someone that the city is already familiar with. >> That's right.

152
00:41:56.079 --> 00:42:13.040
>> As opposed to appointing someone that we are not happy with. >> All right. Uh any discussion? All in favor? I have it. >> Motion to

153
00:42:13.040 --> 00:42:19.000
opposed. We stand a journ. >> Okay. Yay.