1 1 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 ATLANTIC BUILDERS (2006-55) 6 Gould Place 7 Section 2; Block 3; Lots 15 & 26.5 RR Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 PUBLIC HEARING THREE-LOT SUBDIVISION 11 Date: July 19, 2007 Time: 7:00 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 KENNETH MENNERICH EDWARD T. O'DONNELL, JR. 17 JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 KENNETH WERSTED 22 APPLICANT'S REPRESENTATIVE: EDWARD BUTLER 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 ATLANTIC BUILDERS 2 CHAIRMAN EWASUTYN: Good evening, ladies and gentlemen. I would like to welcome you to the July 19, 2007 Town of Newburgh Planning Board meeting. At this time we'll call the meeting to order with a roll call vote starting with Frank Galli. MR. GALLI: Present. MR. MENNERICH: Present. MR. O'DONNELL: Present. MR. PROFACI: Here. CHAIRMAN EWASUTYN: And myself present. The Planning Board has experts that provide input and advice to the Planning Board in reaching various SEQRA determinations. I ask at this time that they introduce themselves. MR. DONNELLY: Michael Donnelly, Planning Board Attorney. MR. HINES: Pat Hines with McGoey, Hauser & Edsall, Consulting Engineers. MR. COCKS: Bryant Cocks, Planning Consultant with Garling Associates. ATLANTIC BUILDERS 3 MS. ARENT: Karen Arent, Landscape Architectural Consultant. MR. WERSTED: Ken Wersted, Creighton, Manning Engineering, Traffic Consultant. CHAIRMAN EWASUTYN: Thank you. At this time I'll turn the meeting over to Ed O'Donnell. MR. O'DONNELL: If you would please rise and join me in saluting the flag of our country. (Pledge of Allegiance.) MR. O'DONNELL: If you would be kind enough to turn off all electronic devices at this time. CHAIRMAN EWASUTYN: The first item of business this evening is Atlantic Builders. It's scheduled for a public hearing for a two-lot subdivision located on Gould Place in an RR Zone. It's being represented by Mark -- Lukasik is it? MR. BUTLER: It's Edward Butler tonight. Mark couldn't make it. Still with Tectonic Engineering. CHAIRMAN EWASUTYN: Thank you. Before I have Mr. Mennerich read the notice of hearing, Mike Donnelly, our Planning Board Attorney, would ATLANTIC BUILDERS 4 like to make an announcement at this time. MR. DONNELLY: Our subdivision regulations require both that the notice be mailed to adjoining property owners within a certain distance and that the notice be published in the newspaper, the official newspaper of the Town. The mailings were accomplished but unfortunately the notice did not run in the newspaper, therefore it's my recommendation to the Board that any members of the public who are present who wish to be heard can speak this evening or they can wait until the hearing is re-noticed because there will need to be a new publication. I believe we tentatively talked of August 30th, if I'm not mistaken, for the date for that hearing. CHAIRMAN EWASUTYN: I'll have Mr. Mennerich read what was the notice of hearing. MR. MENNERICH: "Notice of hearing, Town of Newburgh Planning Board. Please take notice that the Planning Board of the Town of Newburgh, Orange County, New York will hold a public hearing pursuant to Section 276 of the Town Law on the application of Atlantic Builders, ATLANTIC BUILDERS 5 Ltd. for a three-lot subdivision on premises Gould Place off East Road in the Town of Newburgh, designated on Town tax map as Section 2; Block 3; Lots 15 and 26.5. Said hearing will be held on the 19th day of July at the Town Hall Meeting Room, 1496 Route 300, Newburgh, New York at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. By order of the Town of Newburgh Planning Board. John P. Ewasutyn, Chairman, Planning Board Town of Newburgh. Dated June 7, 2007. Publish one time only no later than July 14, 2007." CHAIRMAN EWASUTYN: Thank you. Dina, do you have the notices? MS. HAINES: The mailings. We don't have them. CHAIRMAN EWASUTYN: Did you do notices, certified notices on this? MR. BUTLER: Yes, we have. We can provide you with copies of the notices. I guess the only thing I would like to ask is being it was a slip up in the notification in the newspaper, that if the public hearing were adjourned tonight, if that was your pleasure and ATLANTIC BUILDERS 6 it were adjourned, we wouldn't have to re-serve notices and just adjourn the public hearing. MR. DONNELLY: We'll need to re-notice and publish. We won't need to re-mail. We don't seem to have your proofs of mailing. You say they were sent? MR. BUTLER: I have them. Thank you. CHAIRMAN EWASUTYN: You can report to us after you get a chance to check them in. MS. HAINES: Okay. CHAIRMAN EWASUTYN: Mike, you wanted to add something at this point? MR. DONNELLY: No. I'm sorry. CHAIRMAN EWASUTYN: Would you make your presentation now on the two-lot subdivision. MR. BUTLER: Absolutely. The existing subdivision existed before as a two-lot subdivision at the end of the drive. East Road at the cul-de-sac in the current application is only to do minor modifications to include three lots into the subdivision rather than the two that were approved prior. I'm not sure what else the Board has not heard, or the public, but the fact that ATLANTIC BUILDERS 7 septics and perks have all worked out. There are wetlands down in the southwest corner. We're not entering into those wetlands or affecting them whatsoever. We have shown we can make this work with the existing layout of the existing road and avoid the wetlands in their entirety. CHAIRMAN EWASUTYN: Okay. At this point we'll open the meeting to the public for their comments. We ask that you raise your hand, give your name and your address for the Court Stenographer. Sir. MR. PACIONE: Mr. Chairman, my name is Albert Pacione, I'm of counsel to the firm of Fabricant & Lipton. We represent the adjoiner to this application, Wawayanda Enterprises, L.L.C. It's approximately a 70-acre parcel of vacant land to the west of this project. That project had been the subject of an application before the Planning Board about three or four years ago. I don't believe it's an active application because it's probably been withdrawn or back on the drawing board. ATLANTIC BUILDERS 8 In connection with the ownership of Wawayanda Enterprises, the 70 acres to the west of this parcel, our engineer has looked at this present plan, we've looked at the present plan and what we propose is a very, very minor modification to the application with minimal impact upon the project itself. Pursuant to your ordinance, the subdivision regulations, Section 163-15 with respect to street layout, what we propose is that the proposed lot 2, which is a flag lot, it's an oddly figured flag lot but it's still a flag lot, proposed lot 2, that connector between the cul-de-sac and my client's property which is a straight line to the back of it, we propose that that strip, which I put an engineer's ruler to it to scale and it looks like it's about -- I don't know if the scale was disturbed when we had a photocopy made of the plan, but assuming the scale is 50 feet, we propose that 50-foot strip from Gould Court to my client's property be the subject of an irrevocable offer of dedication from the applicant to the Town for a future potential street stub or street tap pursuant to the ATLANTIC BUILDERS 9 ordinance. Other than that, we're greatly in favor of the application. CHAIRMAN EWASUTYN: You had discussed earlier at one time this project may have been an active project before us. MR. PACIONE: I wasn't representing Wawayanda Enterprises, nor did our firm, but we do have a copy of a map in June of `04. I don't think it ever went anywhere and I don't think it's an active plan before you. CHAIRMAN EWASUTYN: At that time how many lots were being proposed? MR. PACIONE: It was a five-lot subdivision at the time back in `04. The largest parcel is the lot that immediately adjoins the applicant's. CHAIRMAN EWASUTYN: Do you have access on another road? MR. PACIONE: There's access on -- I have a tax map. There's access on - MR. HINES: Route 32. MR. PACIONE: -- Plattekill Turnpike, which is Route 32, which I believe is the only ATLANTIC BUILDERS 10 other access we have to a public street. It makes sense -- because that's a pretty busy thoroughfare, it makes sense from a planning standpoint to have something like this for the future. It may happen tomorrow, it may happen next year, it may never happen at all, but if we don't plan for it today it will never happen. CHAIRMAN EWASUTYN: Thank you. MR. PACIONE: It's a very minor impact to the applicant's proposal. I think it fits within the embracement of the ordinance as far as street taps for future residential subdivisions. CHAIRMAN EWASUTYN: Thank you. MR. PACIONE: Thank you, sir. CHAIRMAN EWASUTYN: Additional comments from the public? Sir. MR. STEWART: Michael Stewart, 3 Gould Place. How much property is involved there? MR. BUTLER: The three parcels together? MR. STEWART: Yeah. MR. BUTLER: Lot 1 is 2.3; lot 2 is 4.08 acres; and lot 3 is 3.99. MR. STEWART: So they're all over 2 ATLANTIC BUILDERS 11 acres. As far as Wawayanda supporting Atlantic for that road access, what's going to happen is -- first of all, that's all wetlands back there for the most part to the best of my knowledge. There's 40 or 50 acres of wetlands. As far as an access road, I don't see that happening. What that's going to do is that's going to take through traffic that used to go down East Road and cut through their access road, if it ever happens, come into Gould Place and then come up to Gould Place up East Road. That includes all the tractor trailers that come up and down East Road. There's probably about eight or ten kids on the block in the cul-de-sac, and whoever else they sell the houses to. I'm definitely opposed to any kind of consideration to an access road to East Road or to 32 through Gould Place. We also have a -- there's a detention pond that sits in back of the property which you probably know about. MR. BUTLER: Correct. MR. STEWART: Is there a maintenance agreement on that? ATLANTIC BUILDERS 12 MR. BUTLER: Absolutely. There has to be in regard to the stormwater pollution prevention plan. MR. STEWART: Okay. Who is responsible to maintain that? MR. BUTLER: That has not been determined here but actually it will be the homeowner's association. MR. STEWART: To the best of my knowledge, when I bought my property and other people bought their property there was an agreement that the homeowners, I think there were five or six or seven, they were going to take care of that detention pond, the swale and stuff like that. Since then the Town of Newburgh has accessed across East Road a culvert pipe to drain Mr. and Mrs. Violante's property because of poor engineering above them. When they built the development above them the runoff is not controlled so it goes to Mr. and Mrs. Violante's property on East Road and it would flood. For ten years they tried to get it. Finally Mr. Benedict and whoever else was involved, they put a ten or twelve-inch culvert which now runs along ATLANTIC BUILDERS 13 another piece of property that I have but on somebody else's property which ultimately runs into that swale which runs into the detention pond. At the time of the agreement it was a private road. That was probably 1988 or 1990 give or take. I don't know when Atlantic or whoever, Gould I guess, whoever did the subdivision, that was part of the agreement. Now that the Town has accessed that for their runoff from Mr. Violante's property which in turn comes from the development above them, that brings another light to this detention pond and the maintenance factor. You guys are going to change, re-arrange, move soil, do this, do that to keep them high and dry. That's low property. I don't know what the tops are or what's going on. You walk back there and you can see it's all wet. It's just wet. So you're going to have to fill that. That's going to put an extra load on the detention pond and the swale and everything else, all the drainage that we have not experienced for almost twenty years. Once again, that sub-development happened in `88, `87 during the last big boom. So I think it's going to be a ATLANTIC BUILDERS 14 concern that now you have three more houses. Of course it's going to run directly there, and they're the first ones at that pond. If that starts backing up, coupled with the Town running off from -- I don't know what the road is, Tiffany or something up on the hill that comes along. What's going to happen when everything starts backing up? Whose burden is it going to be when they have to maintain this pond because of all these factors? Everything has been in play for twenty years and nothing is wrong. There's no problems at all. What happens when something happens or if something happens? There's going to have to be a liability coupled with that subdivision because the last guy gets stuck with everything. That's my point on that. Thank you. CHAIRMAN EWASUTYN: Pat, have you looked at the drainage, and the direction it's taking, and what it's taking into consideration? MR. HINES: Yes. The drainage on this site is actually heading away from the properties on Gould Place into the DEC wetlands. MR. STEWART: You have to show me where ATLANTIC BUILDERS 15 you're looking at. Can I look? MR. HINES: Sure. Come on over. CHAIRMAN EWASUTYN: Better still, can you go to the board? Can you go to the easel? MR. HINES: Sure. This project doesn't meet the threshold to require an individual drainage study because it's three lots and doesn't involve an extension of a public or private roadway because of the driveways. The detention pond the gentleman was referencing is located here in this location and the flow is in this direction. There's a swale in the vicinity of this driveway that goes onto the property that this gentleman represents. The topography is generally in this direction and towards the DEC regulated wetlands. As discussed, there is DEC regulated wetlands and Federally regulated wetlands that have been delineated on the site. One of the things we are waiting for is the Federal jurisdictional determination hasn't been received from the Army Corp confirming the location of those Federal wetlands. The discharge from this detention pond ATLANTIC BUILDERS 16 is via two eighteen-inch diameter culverts and a concrete high flow that discharges here into a swale alongside of the proposed driveway for lot 2 and onto the property of Wawayanda Enterprises. MR. STEWART: Where is Gould Place? Here is the pond here. MR. HINES: Yes. The outlet for the detention pond is here. MR. STEWART: You can still put a driveway here? MR. HINES: A driveway just before the cul-de-sac and two off the cul-de-sac. The outlet for that detention pond is here. The drainage easement that receives flow comes this way. MR. STEWART: The existing house would be here? MR. HINES: The existing house is right here at the end of the Gould Place and there's one on this side. This is the cul-de-sac right here. MR. STEWART: I've got you now. MR. HINES: Thereabouts. So it's below any of the improvements. ATLANTIC BUILDERS 17 MR. STEWART: These will remain below it? MR. HINES: Yes. MR. STEWART: Okay. That answers that. CHAIRMAN EWASUTYN: Thank you, Michael. MR. STEWART: You're welcome. CHAIRMAN EWASUTYN: Additional comments from the public? Sir, your name and address. MR. FURY: My name is Craig Fury and my address is 17 Gould Place. It's the last house across from the detention pond right there. On my deed and on the deeds of at least five other homeowners on Gould Place is a requirement that we maintain this detention pond. I don't even know how it's enforceable because it's on private property. However, obviously we have no ability to maintain the pond. We have no idea how it's going to be affected by all this. We would want at a minimum some kind of written release of that requirement. In addition to that, I see it looks as though this property here -- when I bought the house in `98 the property surrounding the cul-de-sac was only a five-acre piece. It looks ATLANTIC BUILDERS 18 as though at some point it has been incorporated with another piece. Is that correct? MR. BUTLER: No, it's not. MR. DONNELLY: There are two pieces involved in this application. MR. BUTLER: Two parcels. MR. FURY: Is there a five-acre that has since `99 been subdivided? MR. DONNELLY: I don't know. What are the sizes of the two tax map parcels involved? MR. HINES: The total parcel is approximately ten acres and there are two parcels involved, roughly five acres apiece. MR. FURY: Okay. Now, I hear -- I've spoken to some people about the project and I realize some of it is hearsay, but I heard there were problems with the perk tests. Is that true? MR. BUTLER: I'm not aware of that. MR. FURY: No problems with the perk test? MR. BUTLER: No problem. There were tests done there prior. We did perk tests again this time. Frankly our tests differed from the last ones. We're being more conservative and ATLANTIC BUILDERS 19 going with a different perk rate to allow a larger absorption field, but there's no problem whatsoever. MR. FURY: As Mike said, if you look at it you just scratch your head, how is this going to drain. When you walk off the road it's about a four-foot drop right down. MR. BUTLER: Absolutely. It all does drain to the southwest to the existing wetlands. CHAIRMAN EWASUTYN: Pat, what were the perk test rates? MR. HINES: The percolation test rates varied on the site. For lot 1 they were fourteen minutes per inch; for lot 2, two minutes per inch; lot 3, eight minutes per inch. We reviewed the data supplied by the applicant's representative and the septic systems do comply with the Public Health Law as far as the designs. Two of the systems are designed as what's called shallow absorption trench systems, which means that approximately two feet of soil will be brought into the site in order for the septic systems to function. Eight years ago those weren't permitted, they had to have County ATLANTIC BUILDERS 20 approval. They have now been accepted as conventional systems that can be reviewed by the local municipalities. The two in the rear, lot 3 and lot 2, have those types of systems. The system proposed on lot 1 is a conventional septic system indrain. MR. FURY: DEC has cleared all this? MR. HINES: DEC doesn't review this. MR. FURY: I'm sorry. Is it the Board of Health? MR. HINES: The Board of Health does not review minor subdivisions. It's reviewed by my office and the building department. MR. FURY: As far as the wetlands -- I was under the impression it was wetlands. You're saying wetlands are not going to be affected? MR. BUTLER: We're not getting anywhere near the wetlands. MR. HINES: There are two types of wetlands on this site, one regulated by the DEC, which regulates wetlands 12.4 acres or larger. The rear of this site and a large portion of the neighboring property contains DEC-regulated wetlands. Those wetlands have a 100-foot buffer ATLANTIC BUILDERS 21 or adjacent area associated with them. That has been depicted on the plans. In addition, there are Federally regulated wetlands which means they have the proper soil hydrology and vegetation to meet the Federal regulations for wetlands. Those have been delineated on the site, have been flagged and are awaiting the final jurisdictional determination saying yes, this is where the wetlands are. That comes from the Army Corp of Engineers. We don't have that yet but the flags that were on there are delineated and they have avoided the impacts to those wetlands. MR. FURY: So I guess the two major issues for me then -- I'm not opposed to building new homes. It might bring some more kids into the neighborhood. I'm concerned about the requirement of not only me but there are five other homes at least that I know of who have on their deeds a requirement to maintain that. That's got to be cleared up somehow. MR. HINES: I didn't know the detention pond was on there. It would be helpful if the applicant's representative could get copies of those deeds for Mike to review to see what - ATLANTIC BUILDERS 22 MR. DONNELLY: The detention pond is on this property? MR. HINES: Yes, it is. There is an easement shown with it but I don't know what kind of maintenance responsibilities they have. MR. DONNELLY: If you could get us a copy of the easement it would be helpful. MR. BUTLER: Okay. MR. FURY: Obviously it would be tough for us to maintain a pond on somebody else's property. The other thing is I did get a notification in the mail. I did speak to some of the other property owners who just couldn't be here but we were not -- there was no mention of a punch through or an access road to Wawayanda. MR. HINES: There currently isn't one proposed either. We just heard that tonight from this gentleman. MR. FURY: At what point would that be brought before the floor for approval? CHAIRMAN EWASUTYN: I think what happened tonight is the attorney representing Wawayanda has asked the Board to give ATLANTIC BUILDERS 23 consideration of making that part of the subdivision approval. So that would be a determination that the Board would be making at some point in the review of this application. The purpose of the public hearing is to receive comments from the public - MR. FURY: Right. CHAIRMAN EWASUTYN: -- for the Planning Board to hear of any potential adverse impacts that weren't considered during the initial review, or just to receive comments in general. So we received this comment from the attorney and that's something for the Board to take into consideration. We won't be taking any action on this subdivision this evening and public hearing because it needs to be rescheduled to the meeting date of August 30th. These are things that the Board will keep into consideration. At the same time we're looking for an understanding of the maintenance agreement with the detention pond for our attorney to review, and we'll make that part of the public discussion during the August 30th hearing. MR. FURY: Okay. Thank you. ATLANTIC BUILDERS 24 CHAIRMAN EWASUTYN: Before I acknowledge you I would like to get any comments from people who haven't had an opportunity to speak. The lady in the back. MS. MILLER: My name is Ann Miller. My husband and I live at 5 Gould Place. We just moved there recently a few months ago. We were not notified of this hearing officially except for the courtesy of our neighbor. CHAIRMAN EWASUTYN: How long ago did you move there? MS. MILLER: We moved there in October. CHAIRMAN EWASUTYN: Okay. MS. MILLER: It's pretty distressing to hear that this is being considered because we obviously chose the house for the environment in which it presently is. I'm not objecting to new houses being built either, I just wanted to go on record as saying it's just not two people from the neighborhood here. We're here and I know there's some other neighbors present. We would be very much opposed to any access off of 32 coming through the back end of Gould Place. The traffic on East Road as it is ATLANTIC BUILDERS 25 is racing, cutting through to Marlboro. It's already horrendous. Gould Place is a little cul-de-sac that doesn't even have street lights. There would need to be a lot of other changes to really even make that a viable possibility I would say. We would strongly oppose any access coming in Route 32 through the back of Gould Place. Thank you for hearing us. CHAIRMAN EWASUTYN: Thank you, Ann. Ma'am. MS. FURY: I'm Christine Fury, 17 Gould Place also. I just wanted to say really quickly that, like my husband said, we're really not opposed to, you know, adding more houses to the neighborhood but everybody needs to keep in mind a little bit of how this area has grown. When we all looked at our homes and decided to build on Gould Place, one of the draws of that street is a lollipop cul-de-sac at the end and beauty that that street has, and it does. It's a beautiful street. I think three houses would be nice if they were filled with kids. If I had my choice I would probably say I would rather not have them but if we have to have them and we lose this ATLANTIC BUILDERS 26 battle against it, I suppose we do. However, like Ann said, the traffic on East Road right now has gone from one or two cars an hour when we first got here to I don't know how many. You see cars on 32 passing each other and everything else. It's a dangerous spot by Mill Street. Now if we are to punch out from Gould to 32, now you've got that shortcut, 32 out to Gould, down to Pressler, and that will happen. It will happen if that is to happen. There are also four other neighbors who are on vacation who I have been asked to speak for who will be at the next meeting who are strongly opposed to any building at all. I just wanted to let you know that. CHAIRMAN EWASUTYN: Anyone else this evening who would like to speak right now or who hasn't had the opportunity to speak? Sir. CHAIRMAN EWASUTYN: Michael -- sir, sir. We're all in the same house but let's kind of -- we'll all get an opportunity. MR. PACIONE: There appears to be a lot of misinformation about what a stub street is. I ATLANTIC BUILDERS 27 know the Board will obviously defer to Michael's opinion. May I impose upon Mike to maybe explain to the public what a stub street is. MR. DONNELLY: There's a provision of the subdivision regulations in the Town that says wherever feasible connections of properties to be subdivided should include a roadway or a potential future roadway connection to adjoining undeveloped lands. It is a principle of the subdivision regulations that such connections are supposed to be made. When property is to be developed and there is a roadway system being proposed, and where it is feasible to make those connections, the Board has often required them. By the same token, this subdivision is simply putting three lots on an existing street without extending it. I don't know -- there was some excess lands because it's a two-acre zone -- just how much land would be available for that roadway. I don't know whether from a topography or a wetlands or any other way whether it's feasible. For a subdivision of this size the Board has not in most cases considered but it is a principle of the zoning ordinance that those ATLANTIC BUILDERS 28 connections are supposed to be made when possible. The idea I think that Mr. Pacione has proposed is not that the road be built now but that the land be dedicated to the Town for the purpose of allowing the road to be built in the future if, as and when the balance of that land to the west is developed. CHAIRMAN EWASUTYN: Thank you. MR. STEWART: To the best of my knowledge, Mr. Benedict is looking to lower the load limits for East Road down to 9 tons so that the tractor trailers don't go in and out, in and out. You put an access road, instead of going up 32 to East Road they're going to cut through. Mr. Harris who has that 70 some odd acres there, he doesn't live in the Town, you know. He's making his money, he's cutting it up, he's doing what he has to do. Let him access from 32 as he's doing now. He's got a house built and sold, he's got another foundation in. Why? Why inconvenience us? Why turn it into a thoroughfare so this guy can prosper? CHAIRMAN EWASUTYN: Thank you. ATLANTIC BUILDERS 29 The gentleman in the back. MR. ANNONE: Tom Annone. I just moved into 78 East Road. We've been there about a month now. We bought the house for the privacy, just like Chris said. We recently just sacrificed a lot of our privacy to cut back all of our shrubbery and trees on the corner just for the neighbors and ourselves pulling out of that block onto the main road, onto East Road, it's dangerous. No matter how slow you are, you stop, the cars fly down there and it is dangerous. I know everybody -- this gentleman is saying it's only for future use if down the line you want to put a road. If he didn't want to put a road he wouldn't have made the motion. It's as simple as that. If they want to raise that motion, I would like to make a motion if that motion is passed let's put a twenty-year moratorium that we won't build for twenty years until our kids are grown. That way they can get their motion passed for the future and we know that it will be in the future and it won't be going in next summer when the kids are playing on the block. ATLANTIC BUILDERS 30 CHAIRMAN EWASUTYN: Any additional comments from the public? (No response.) CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No questions. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: I have a couple of drainage issues. MR. HINES: The drainage issues. We're awaiting the Army Corp's jurisdictional determination. Between now and the next meeting I think the applicant should take a look at the wetland maps in that area. I know there is a large DEC wetland in the rear of this property. I'm not sure exactly where it extends on to the adjoining property. I have those maps in our office. We'll take a look at that and at the next meeting we'll be able to report back even if it's viable to consider putting that road in. It may not be. We may be talking about something that won't happen because of the Federal and ATLANTIC BUILDERS 31 State wetlands in that area. We'll take a look at that between now and when they have to come back. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: There's no extension of the road and all three lots are off the existing cul-de-sac? MR. BUTLER: That's correct. MR. PROFACI: Thank you. CHAIRMAN EWASUTYN: Mike, any summary on this at this point? MR. DONNELLY: No, other than you should notify the public and move to reset the hearing for August 30th. CHAIRMAN EWASUTYN: I'll move for a motion to reschedule the public hearing for the three-lot subdivision for Atlantic Builders to the 30th of August, and that will be re-noticed in both newspapers. Bryant, you'll work with Dina as far as affecting that notice. MR. GALLI: So moved. MR. MENNERICH: Second. CHAIRMAN EWASUTYN: I have a motion by ATLANTIC BUILDERS 32 Frank Galli. I have a second by Ken Mennerich. I'll ask for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. Thank you for attending. August 30th will be the rescheduled date. MR. BUTLER: Thank you. CHAIRMAN EWASUTYN: Will Mark be present on August 30th? MR. BUTLER: Unless there's a conflict again in schedules. CHAIRMAN EWASUTYN: I find from where I sit it's more effective to have the engineer present who has been working on the project. They could speak more effectively, they could respond more effectively. There isn't that void in the presentation as to what may or may not have been accomplished. MR. BUTLER: Absolutely. Thank you, sir. ATLANTIC BUILDERS 33 CHAIRMAN EWASUTYN: Dina, we never had a chance to report on the certified mailing for Atlantic Builders. Would you mention that now to the Board. MS. HAINES: There were six sent and five were returned. They were all in order. (Time noted: 7:35 p.m.) C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 34 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 NEXTEL NY 2207A MID-VALLEY MALL (2006-61) 6 39 North Plank Road 7 Section 75; Block 1; Lot 11 B Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 SPECIAL USE PERMIT, SITE PLAN & ARB 11 Date: July 19, 2007 Time: 7:35 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 KENNETH MENNERICH EDWARD T. O'DONNELL, JR. 17 JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 KENNETH WERSTED 22 APPLICANT'S REPRESENTATIVE: CHRISTOPHER FISHER 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 NEXTEL NY 2207-A/MID-VALLEY MALL 35 CHAIRMAN EWASUTYN: The next item of business we have is Nextel New York. It's located at the Mid-Valley Mall. It's a special use permit and site plan, it's located on North Plank Road in a B Zone. It's being represented by Anthony Gioffre. MR. FISHER: Chris fisher switching up for Mr. Gioffre. CHAIRMAN EWASUTYN: Can you come back when you're supposed to be here. MR. FISHER: Sure. CHAIRMAN EWASUTYN: Please, Mr. Fisher. MR. FISHER: Thank you, Chairman. The hearing has been closed. A number of different comments have been addressed. I believe at this point in time all the procedural issues have been taken care of. Unless there are any additional questions from your staff or yourselves on the Board, I believe it's ready for action. CHAIRMAN EWASUTYN: Thank you. The only outstanding consideration we were given was the maintenance agreement of the existing tank between the Mid-Valley Mall and Nextel. Can you bring us along on that? NEXTEL NY 2207-A/MID-VALLEY MALL 36 MR. FISHER: What I do have is we did confirm that at least the lease between the two parties provides that the property owner, the mall owner, has responsibility for maintenance of the tank structure itself, the foundation of the tank. Nextel itself has responsibility for its antennas, its attachment to the tank and its own equipment within the facility. So that's the kind of breaking line within the lease agreement itself. For purposes of the resolution for going forward, those are the divisions of responsibility as far as the tank. MR. DONNELLY: I think the Board will view those as the divisions of responsibility as between yourself and Mid-Valley Mall. The antennas are going to be on the tank? MR. FISHER: Right. MR. DONNELLY: This Board is going to likely include a condition in the resolution that will require Nextel to maintain what essentially is the tower and antennas. If you can shift that responsibility to Mid-Valley Mall - MR. FISHER: I think that's fine. CHAIRMAN EWASUTYN: Any additional NEXTEL NY 2207-A/MID-VALLEY MALL 37 comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No questions. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: No. MR. PROFACI: No. CHAIRMAN EWASUTYN: Mike, would you give us conditions of the approval in the resolution. MR. DONNELLY: I have prepared a resolution. One of the things that you may recall from the discussion is this is an existing water tank as you know. The cell tower code in the ordinance normally requires that the height of the tower have have a fall zone. This wouldn't comply on that basis but there are provisions in the code that allow you to waive restrictions to set the height that's appropriate and to waive line setbacks. So I've included language in the condition to the extent that it applies, because this really isn't a new tower, but to the extent that it doesn't comply with the tower falling distance, you waive that NEXTEL NY 2207-A/MID-VALLEY MALL 38 requirement. Beyond that most of the conditions are somewhat standard. I noticed in the draft that I had sent to Mike Musso that I had repeated some of the conditions, so I've deleted those that were duplicative. It includes an ARB component for the antennas themselves, a requirement that there be maintenance of the security fencing of the tower itself, a performance security removal bond in the amount of $75,000 as required by the code, an annual NIER letter certifying compliance, the color of the proposed antennas, mounting structures and coaxial cable shall be a color that will match the existing water tower. Mike Musso had recommended that they be in a matt finish so reflectance would be avoided. Any change in the transmission power frequency, antenna size, et cetera shall be approved by the Town prior to any such modification being made. There's a recommendation that we're carrying from Mike's memo within the resolution that any water tower maintenance or inspection being carried out by persons not trained in radiofrequency exposure should be coordinated between Nextel and that NEXTEL NY 2207-A/MID-VALLEY MALL 39 mall owner. Given what Mr. Fisher told us earlier about the division of responsibility, I think it's important that they be advised of that danger. No fixtures or equipment other than what is shown on the plans can be built on the site. CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No questions. MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No. CHAIRMAN EWASUTYN: Karen, would you like to add anything at this time? MS. ARENT: No. CHAIRMAN EWASUTYN: Bryant Cocks? MR. COCKS: We have no more comments. CHAIRMAN EWASUTYN: You've heard the conditions of approval for the Nextel Mid-Valley special use permit, site plan approval and ARB approval. I'd move for that motion. MR. PROFACI: So moved. MR. MENNERICH: Second. NEXTEL NY 2207-A/MID-VALLEY MALL 40 CHAIRMAN EWASUTYN: I have a motion by Joe Profaci. I have a second by Ken Mennerich. Any discussion of the motion? MR. O'DONNELL: Just a late thought here. The maintenance of this tower I'm still concerned about. These folks are going to be responsible for it? MR. DONNELLY: Between the Town and Nextel. Nextel has to be responsible but obviously they can discharge that responsibility by having the mall maintain it under the lease. They have to answer to the Town if it's not maintained. They being Nextel. MR. O'DONNELL: When I go to get coffee in the morning and that tower looks like crap who do I go to? Him? MR. DONNELLY: Yes. MR. O'DONNELL: You again. MR. FISHER: I'm going to pick up the phone and call them. MR. O'DONNELL: Just remember who I am. MR. FISHER: I remember that with the parking. MR. O'DONNELL: You're right. All NEXTEL NY 2207-A/MID-VALLEY MALL 41 right. CHAIRMAN EWASUTYN: I have a motion on the table by Joe Profaci, I have second by Ken Mennerich. Any further discussion of the motion? (No response.) CHAIRMAN EWASUTYN: There being no further discussion of the motion, I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. (Time noted: 7:42 p.m.) 42 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 43 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 SPRINT/NEXTEL IV NY - 0423 (2007-7) 6 Newburgh Mall Access Drive 7 Section 60; Block 3; Lot 35.1 IB Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 SPECIAL USE PERMIT, SITE PLAN & ARB 11 Date: July 19, 2007 Time: 7:43 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 KENNETH MENNERICH EDWARD T. O'DONNELL, JR. 17 JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 KENNETH WERSTED 22 APPLICANT'S REPRESENTATIVE: CHRISTOPHER FISHER 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 SPRINT/NEXTEL IV NY - 0423 44 CHAIRMAN EWASUTYN: The next item of business we have this evening is Sprint/Nextel New York. It is a special use permit and also site plan approval and ARB. This one is located at the Newburgh Mall, it's in an IB Zone and it's being represented by Mr. Fisher. MR. FISHER: Good evening, Chairman. Thank you again. This particular site is an upgrade to the existing site. We're making some changes. We're changing out the equipment at grade as you recall. I think as you'll recall, the hearing was closed on this particular application as well. I believe this application is ready for action as well by your Board. CHAIRMAN EWASUTYN: Thank you. It seemed like with this one the only other outstanding item -- I'll turn to Karen Arent. MS. ARENT: The consultant added the street trees as requested, and two white pines, and showed a detail for the proper topsoil quantity. So the consultant addressed everything in accordance with previous comments. The only outstanding item is the landscape bond estimate. SPRINT/NEXTEL IV NY - 0423 45 CHAIRMAN EWASUTYN: And there will be an inspection fee associated -MS. ARENT: And the inspection. CHAIRMAN EWASUTYN: Mike Donnelly, Planning Board Attorney, conditions for approval for Nextel/Sprint. MR. DONNELLY: This one had another issue, and that is that the existing tower and some of the structures don't comply with setback. The issue that came up was whether or not they required a variance. Because the applicant is actually decreasing the degree of that nonconformity by making both the rear and the side, if I remember correctly, closer to conformance than exists, the protection of the Zoning Ordinance, Section 185-19, is maintained so no variances are required. I have included a finding to that effect within the resolution. Because this is an amended approval in terms of conditions, we will carry forward any conditions that were attached to the original granted site plan approval and issuance of the special permit. I had a condition, Karen, that related SPRINT/NEXTEL IV NY - 0423 46 to whether the street tree plantings had been added to the plans to your satisfaction. MS. ARENT: Yes. MR. DONNELLY: I take it they had. We'll remove that one. Security fencing to be maintained. Because this is an additional set of arrays on the tower, there's a condition requiring that after the tower is operational, that field measurements be made. I know you've seen the language, we've used it in the past. The report of those findings is to be delivered to the Town, architectural review, we'll require construction consistent with what is shown, a performance security removal bond in the amount of $25,000 reflective of the three carriers on the tower will be required, the annual certification, the landscaping bond. There are two other conditions, the normal one that nothing can be built other than is shown on the plans. Finally, we've asked in the resolution, given the Sprint/ Nextel merger and the possible migration to a single-operating platform in the future, that the applicant provide the Town Building Department with routine updates on the status of SPRINT/NEXTEL IV NY - 0423 47 equipment consolidation that becomes available for this or other required facilities in the Town. CHAIRMAN EWASUTYN: Thank you. Comments from Board Members. Frank? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No questions. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No. CHAIRMAN EWASUTYN: There being no comments from the Planning Board Members, having heard the conditions of approval for the Sprint/ Nextel special use permit, site plan approval and ARB, I will move for that motion. MR. GALLI: So moved. MR. O'DONNELL: Second. CHAIRMAN EWASUTYN: I have a motion by Frank Galli. I have a second by Ed O'Donnell. Any discussion of the motion? (No response.) CHAIRMAN EWASUTYN: There being no SPRINT/NEXTEL IV NY - 0423 48 discussion of the motion, then I'll move for approval again with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. MR. FISHER: Thank you, Chairman. CHAIRMAN EWASUTYN: That landscape bond amount will have to be approved by the Town Board. MR. FISHER: Yes. (Time noted: 7:47 p.m.) 49 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 50 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 EASTERN ORANGE DEVELOPMENT 6 (2005-42) 7 Equestrian Drive Section 1; Block 1; Lot 67 8 AR Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X FIVE-LOT SUBDIVISION 11 Date: July 19, 2007 Time: 7:48 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 KENNETH MENNERICH EDWARD T. O'DONNELL, JR. 17 JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 KENNETH WERSTED 22 APPLICANT'S REPRESENTATIVE: JAMES RAAB 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 EASTERN ORANGE DEVELOPMENT 51 CHAIRMAN EWASUTYN: The following item of business this evening is Eastern Orange Development. It's a five-lot subdivision located on Equestrian Drive off of Prospect Hill Road, it's in an AR Zone and it's being represented by Jim Raab. MR. RAAB: Thank you, Mr. Chairman. When we last left off with this the Planning Board requested a number of items be taken under consideration. One was to select one and only one drainage design, which we have done. The second one is Karen had requested to move the houses forward to provide more of a backyard. That's also been done. It was done in two different ways, one just moving them up. What we had done is we shortened the cul-de-sac to allow these houses here to move farther to the west. That's the second one. The third would be to move the road easterly to allow the preservation of the stonewall along the westerly boundary line. The fourth, the title has been ordered. I talked to Clear Abstract today. They said the search is done and they'll be finishing the title EASTERN ORANGE DEVELOPMENT 52 shortly. There is a fifth item. That was we've -- we got an e-mail, that's all we got, from the Town of Plattekill that said they have no further issues with this subdivision. I've forwarded that e-mail to the Planning Board, you and Bryant. That's as much as we're going to get. I asked the planning board chairman himself if he would put anything more in writing and they said they weren't interested in doing so. That pretty much wraps that up. MR. DONNELLY: The requirement of the General Municipal Law insofar as it applies to referrals to adjoining municipalities does not require a report, merely a notification. CHAIRMAN EWASUTYN: I'll turn to our consultants for their final discussion of this. Pat Hines. MR. HINES: As Mr. Raab stated, their previous plans had two drainage options. One has been selected now with the detention pond on lot 1 and 2 discharging to an adjoining property. I believe an easement has been prepared on that adjoining property. I don't know if Mike has EASTERN ORANGE DEVELOPMENT 53 that or not. That needs to be submitted. The private road access and maintenance agreement has to be prepared and address operation and maintenance of that detention pond. Just a clarification. The two sheets - MR. RAAB: We fixed it. MR. HINES: The deep test results have been added to the plans. I've got to get you still the Elgin gradation that needs to be on the plans, otherwise I believe it's appropriate for scheduling a public hearing and a negative declaration. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. MR. COCKS: The applicant met all our previous requests regarding shifting of the road to the east and moving the houses up. He addressed all our previous comments. Since Pat agreed with the drainage, we have no problem with the negative dec. CHAIRMAN EWASUTYN: Karen Arent, Landscape Architect. EASTERN ORANGE DEVELOPMENT 54 MS. ARENT: I just have minor comments. If you can show the disturbance limit line on the west side of the proposed road as close to the road as possible so that the trees along that stonewall can be preserved. Include notes on the drawing just saying stonewall to remain. Show fencing around the stormwater management basin. Show ground covers and seed mixtures in the landscaping plan for the stormwater management basin. CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No questions. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No. CHAIRMAN EWASUTYN: I'll move for a motion to declare a negative declaration for the Eastern Orange Development five-lot subdivision EASTERN ORANGE DEVELOPMENT 55 and to schedule September 6th for a public hearing. MR. MENNERICH: So moved. MR. PROFACI: Second. CHAIRMAN EWASUTYN: I have a motion by Ken Mennerich. I have a second by Joe Profaci. I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. (Time noted: 7:52 p.m.) 56 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 57 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 HL RENTALS 6 (1997-18) 7 South Plank Road Section 72; Block 13; Lot 7 8 B Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X SITE PLAN 11 12 13 14 BOARD MEMBERS: 16 17 18 ALSO PRESENT: 19 21 Date: July 19, 2007 Time: 7:53 p.m. Place: Town of Newburgh Town Hall1496 Route 300 Newburgh, NY 12550 JOHN P. EWASUTYN, Chairman FRANK S. GALLIKENNETH MENNERICH EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI DINA HAINESMICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENTKENNETH WERSTED 22 APPLICANT'S REPRESENTATIVE: KENNETH LYTLE 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 HL RENTALS 58 CHAIRMAN EWASUTYN: The following item of business this evening is HL Rentals. It's a site plan located on South Plank Road between Pepsi Way and Brookside Farm Road, it's in a B Zone and it's being represented by Kenny Lytle. MR. LYTLE: Good evening. Since our last meeting we were asked to get in contact with the City and verify we had the okay to tie into the sewer. We've done that through Jim Osborne's office. I believe the consultants have a copy of that. We also got the landscape bond approved by the Town Board, and Karen has given us the okay on that. I believe the only outstanding comments are Pat Hines has a couple technical comments on the drainage. I believe we're all set. CHAIRMAN EWASUTYN: Thank you, Ken. Pat, your technical comments on the drainage. MR. HINES: I received the drainage report on Monday. I discussed it with Ken earlier in the week that I didn't have that. We have quite a few comments on that, including HL RENTALS 59 revisions to the stormwater management report that will need to be accomplished. I think I need to see those prior to any action on that to make sure that that drainage is correct. CHAIRMAN EWASUTYN: Okay. Bryant Cocks, do you have any outstanding planning comments at this point? MR. COCKS: No. This site was already given site plan and ARB approval on April 19th. They addressed all our comments. MR. DONNELLY: I think that was preliminary approval. CHAIRMAN EWASUTYN: Karen Arent. MS. ARENT: The consultant addressed all the comments. CHAIRMAN EWASUTYN: Ken Wersted, I don't think you participated in the review of the site plan. MR. WERSTED: I did several years ago. CHAIRMAN EWASUTYN: Thank you. Comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? HL RENTALS 60 MR. MENNERICH: No. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: No. MR. PROFACI: No. CHAIRMAN EWASUTYN: We discussed this during the work session and Pat Hines needs the additional information before we can take action. When we get a sign-off letter from Pat Hines we'll set this up for the next available date. MR. LYTLE: Thanks. CHAIRMAN EWASUTYN: Thank you. (Time noted: 7:58 p.m.) 61 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 62 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 PROPOSED PHARMACY & BANK DEVELOPMENT 6 (2007-03) 7 North Plank Road, Noel Drive & Stanley Place Section 77; Block 2; Lot 5 8 B Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X CONCEPTUAL SITE PLAN & ARB 11 Date: July 19, 2007 Time: 7:58 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 KENNETH MENNERICH EDWARD T. O'DONNELL, JR. 17 JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 KENNETH WERSTED 22 APPLICANT'S REPRESENTATIVE: NEIL WILSON 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 PROPOSED PHARMACY & BANK DEVELOPMENT 63 CHAIRMAN EWASUTYN: The next item of business this evening is the proposed pharmacy and bank development. It's a conceptual site plan located on North Plank Road, Noel Drive and Stanley Place, it's in a B Zone and it's being represented by Time O'Brien. MR. NEIL WILSON: Good evening, Mr. Chairman, Members of the Board. I'm Neil Wilson, I'm the attorney representing the applicant. We had received comments a number of weeks back regarding a submission that we had made in April. We have responded to that, to all of those comments, particularly with respect to changes to the architecturals as well as signage that we had previously received. Yesterday and today we also received your consultants' comments. We've gone through them. We frankly don't see anything in there that we can't very quickly address. At this particular point in time what I'd like to do is we previously discussed the overall site plan. Unless the Board tells me you would like sort of a refresher if you will, I would skip that and ask Mark Wilson of BL Companies to bring the Board up to speed, PROPOSED PHARMACY & BANK DEVELOPMENT 64 particularly with regard to the architectural and the signage changes that we had made for this application. CHAIRMAN EWASUTYN: If you don't mind, I'd like to step backwards before we move forward on that because we have some issues that relate to drainage and the improvements that have to be coordinated - MR. NEIL WILSON: Okay. CHAIRMAN EWASUTYN: -- between your property and Orange Trust. I would like to talk about some of the road improvements, the possibility of some fair share contributions to the road improvements. We would also like to discuss a change in the design based upon what you've shown as far as your concept of a stonewall as to what the Board will be requiring and just sort of a coordination of that - MR. NEIL WILSON: That's fine. CHAIRMAN EWASUTYN: -- intersection based upon the guideline standards, at which point then we can get into ARB and the signage. There will be some discussion also as far as the lighting proposed on the site, the height of the PROPOSED PHARMACY & BANK DEVELOPMENT 65 lighting and the new standards that are shown in the guideline standards. MR. NEIL WILSON: Very good. CHAIRMAN EWASUTYN: Thank you. Pat, let's talk about the coordination of the drainage improvements. MR. HINES: The two sites, this site and the one we're going to discuss next, are both tributary to a DOT culvert at 32 and Noel Drive. With regard to the drainage, we're fine with the water quality improvements that have been depicted. It's a re-development site under the DEC's regulations so water quality control is required, but the next site we're going to discuss adjoining this project, the applicant's representative has identified restrictions in the existing culvert system discharging from Noel Drive to the creek, I believe it's Quassaic Creek in that area, and there's approximately 400 feet of off-site drainage improvements required to upgrade that system to convey the existing flows for that matter plus any increased flows from the sites. So there needs to be a coordinated effort between the two projects on how the cost for that PROPOSED PHARMACY & BANK DEVELOPMENT 66 improvement and the timing of that improvement are going to occur. I have some minor comments on the outside drainage which the applicants can address. Also I have a concern regarding the phasing and the fact that the existing Key Bank building is proposed to remain open on the site while this building is constructed. It actually says in the narrative until such time as this building receives a CO. That's going to require coordination with Jerry Canfield's office with how that happens. We have experience in the past where we've made those agreements with applicants and those existing buildings continue to exist today and are a problem. We'll need to discuss how that's going to occur. That's all we have as far as the engineering issues. I think coordination between the two projects. I know Ken Wersted will talk similarly with the traffic coordination. CHAIRMAN EWASUTYN: Ken Wersted. MR. WERSTED: We have a few site plan comments. The first one was in particular to the PROPOSED PHARMACY & BANK DEVELOPMENT 67 truck access around the north side of the site and the drive-through lane. The truck height and the height of the canopy just needs to be verified to ensure that trucks can make it around the canopy without any clearance issues. Relative to the traffic study we had a few clean-up items. We're just noting the other developments that are included in the project. Also some clarification of the traffic volumes coming in and out of some of the site driveways. I think they may have just been superimposed on one versus the other. The alignment of Noel Drive and Gidney Avenue has been proposed. Previously we had noted that this applicant and the following applicant on the agenda, Orange County Trust, cooperate to ensure that that happens and agree to work together to realign that. It is being shown realigned to provide a better alignment exiting Noel Drive and crossing over Route 32 onto Gidney Avenue. Lastly, the traffic study notes some improvements to that intersection. Most apparently is the realignment but it also PROPOSED PHARMACY & BANK DEVELOPMENT 68 identifies an additional lane on Gidney Avenue being a left-turn lane. We don't have any objections to those improvements so long as they can align with Noel Drive and so forth. A highway work permit will be needed for this, so DOT we'll have to go through their review and approve the changes. Relative to the fair share contribution referenced, there is an intersection a block away from here, which is the intersection of Gidney Avenue and Gardnertown Road. That intersection has some improvements proposed to it as part of another development known as Gardnertown Commons. Improvements there include some lane widening and signalization. As that project was moving forward through the planning process these two projects have come before the Board and will be contributing traffic to that intersection and in the nearby adjacent or nearby vicinity of that intersection. So there's been discussions in terms of these two projects providing a fair share contribution to those improvements. Myself, Phil Greeley and also Mark Taylor, the Town Board's attorney, have been working to come PROPOSED PHARMACY & BANK DEVELOPMENT 69 up with some formula to assign that. Once we come to a resolution of what that is it will be passed on to the Town Board and their attorney to discuss the process of how to implement that. CHAIRMAN EWASUTYN: Mike, would you like to add anything to that? MR. DONNELLY: I think at some point you should probably -- you or the next applicant approach the town supervisor or the Town Board and town attorney and see, I think everyone will benefit, the area in question and the three projects that we're talking, about if these improvements can be made. The other applicant has already bought some land to make some of those improvements possible. It may be that one of the ways to do this is one of the upcoming consultants' meetings with one of the other projects we did have Mark and - CHAIRMAN EWASUTYN: Jim Osborne. MR. DONNELLY: -- Jim Osborne was there. At this one if we can add Jerry Canfield for the coordination issues regarding how we can leave the building up while the site is under construction. We may be able to work out dates PROPOSED PHARMACY & BANK DEVELOPMENT 70 to have all of those people there at once and on a technical basis talk about all those issues. I think the Town Board is going to have a role to play in seeing if we can work out such an agreement. CHAIRMAN EWASUTYN: Phil Greeley, would you like to add anything at this point? MR. GREELEY: I think -- excuse me. Phillip Greeley, John Collins Engineers. We have no problem with Ken's comments. We have been working together with him on the Gidney/Gardnertown intersection. I think that's fine. We have been in touch with the DOT relative to the intersection and we've already started our highway work permit process, so that will continue. CHAIRMAN EWASUTYN: Phil, we also received correspondence from the DOT where it was recommended that there be shared access with the Shop Rite development. MR. GREELEY: Correct. CHAIRMAN EWASUTYN: You'll make for a design in your plan to allow for that? MR. GREELEY: Yes. I think basically PROPOSED PHARMACY & BANK DEVELOPMENT 71 what they indicated to us, and it's in the letter, that even if we couldn't make the connection, to at least have the proper easements or area on our site so that it could be made in the future because we don't control the property next door. That should be fine in terms of our site plan. CHAIRMAN EWASUTYN: I think we're heading in the right direction, Mr. Wilson. Although I know you want to get back to the ARB and signage, we're looking to get to the hard issues and bring this forth to a work session and then fine tune it. Karen Arent. MS. ARENT: If you can change the location of your disturbance limit line to on the other side of the trees so all the trees can remain. Show your construction fencing to run along that limit line. Also add the appropriate tree preservation notes that are listed on the comments that were faxed to you. We discussed during work session and PROPOSED PHARMACY & BANK DEVELOPMENT 72 the Board would make -- the Board should discuss it, running a sidewalk up Noel Road, either on your property or the other property, to connect the adjacent residential neighborhood to the sidewalks that run along Route 32, that can be part of the road construction process, as well as putting a crosswalk stripe to connect the two properties to the sidewalks that run in front of the two properties. The stonewall shown on your detail is not in accordance with the stonewalls that are in the rest of the Town. We're trying to establish a cohesive corridor. If you can consider building a natural stonewall similar to some of the other walls in Town, that's what we would like. CHAIRMAN EWASUTYN: And the height of that wall? MS. ARENT: It would be 36 inches. Then I think we'll discuss the signage and other architecturals later. That's it. CHAIRMAN EWASUTYN: Comments from Planning Board members at this point? MR. GALLI: No additional. PROPOSED PHARMACY & BANK DEVELOPMENT 73 CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: Nothing additional. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: I guess we can always talk about traffic. I think this project and the next one are really good things for the Town. I think everyone that's involved needs to focus on traffic, get creative as to how we're going to have traffic flow perhaps from one site to the next not going onto Route 32 because as we probably know that's a disaster already every evening. When we have a bank, a drug store and another bank there it's just going to be worse. So I would really like you guys to focus on this and try to come up with the most viable plan that you can because when we have a public hearing on this subject, wear your helmets. Let's be creative and do a good job up front and perhaps they won't hit us when they throw stuff at you, you know what I'm saying. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No thank you, John. CHAIRMAN EWASUTYN: Mr. Wilson, if you want to touch upon ARB and signage. PROPOSED PHARMACY & BANK DEVELOPMENT 74 MR. DONNELLY: Just one second. There was an issue we skipped over. Your parking is shown - CHAIRMAN EWASUTYN: Thank you. MR. DONNELLY: -- at 82 and you need 114. It will require a variance. Because that variance is not a type II action we can't refer you to the Zoning Board until you've completed SEQRA. I don't want to leave this unmentioned. We'll come back to it at a future meeting. MR. NEIL WILSON: Good. CHAIRMAN EWASUTYN: We have declared our intent for lead agency. MR. DONNELLY: Yes. In January. CHAIRMAN EWASUTYN: We still have to refer this to the Orange County Planning Department, which we haven't done. MR. NEIL WILSON: I would just ask Mark, Mark Wilson, to take you through very briefly the changes to the architecturals and signage, again acknowledging of course that we still have other work to do relative to the underlying site plan. MR. MARK WILSON: Good evening. Mark PROPOSED PHARMACY & BANK DEVELOPMENT 75 Wilson, Project Architect for BL Companies. I don't know if you recollect what the building looked like the last time we were here but it's quite a drastic change, all for the better. The last one was very angular, urban looking, a stone structure. We've redone the entire facade so it's now done in a clapboard. This is actually called a hardy plank. It's cementitious board, long lasting quality material but it goes up like a wood clapboard you normally see in a residential or much more rural area. Let me set these up here. You can see that we've added the gables. It's a much more rural type setting. The clapboard, white trim, flat pilasters and the base running around this building is what they called a cultured stone. It's a synthetic stone as opposed to a natural stone. It's much easier to put on to the building. This is what we're proposing here. I don't know if you can see that. I can hold that up. It's meant to look like more or less a stacked ashlar type stone. The stonewalls in this Town and many towns in this area, they all range from more of a what you might call a river PROPOSED PHARMACY & BANK DEVELOPMENT 76 stone or a fieldstone that's been taken out of a field or an ashlar type which is stacked in this fashion. This is meant to match the site wall going around the property and the base. That's been added to the sign by the road. The gables we added, particularly to the Walgreen's elevations, to give it its own identity. We carried the trim and the vernacular of that through the bank elevations and around. We kept the bank more with a flat roof, which may not be your rural type architecture but banks in the past have always wanted to have a slightly different look, a little bit more stronger look. You want to make -- you want to feel your money is safe in a bank, and that's just kind of carrying on that tradition. The same materials and everything carry across the back of the building in a very similar fashion. I think in a nutshell, unless you have questions, that's really about all I have to say. I hope you think what we've done is better and we can move forward. CHAIRMAN EWASUTYN: Frank Galli? MR. GALLI: Where are the mechanicals PROPOSED PHARMACY & BANK DEVELOPMENT 77 going to be hidden on this now? MR. BEYER: Mechanicals are all on the roof. The only thing on the site is a transformer. There is a parapet wall that is around the entire perimeter, it varies in height, but all the RTU units are setback by ten feet so we should not have a visibility problem. MR. GALLI: The transformer for what use? MR. BEYER: For both uses would be behind the - MR. GALLI: Is that for a generator? MR. BEYER: It's a transformer for the electric if it's required. Central Hudson takes a look at what the loads will be for both facilities. CHAIRMAN EWASUTYN: Anything else, Frank? MR. GALLI: That's it. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: This definitely I think is an improvement over what was presented the last time. I do have a question about how that PROPOSED PHARMACY & BANK DEVELOPMENT 78 stone would look relative to the stonewalls. You used the fieldstone on the stonewalls along the road. How will this type of stone go with that? MR. MARK WILSON: I think whatever ends up going out on the road walls here, we really want it to match or be as close as possible to the building. We want this to be a unified, you know, design. We don't want to have gray stone out there and more orange stone inside. We would like them both to match. MR. MENNERICH: Okay. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: I like the idea of that stone matching. Are we resolved on the height of the wall? I mean we're at three feet. MR. MARK WILSON: Right now the design as per shown, this is actually a shorter wall, it's only going up two foot six. I don't think we have any problems with working with the Board in coming up with a wall that's acceptable. MR. NEIL WILSON: That's fine. MR. O'DONNELL: Three feet. MR. MARK WILSON: That's fine. PROPOSED PHARMACY & BANK DEVELOPMENT 79 MR. O'DONNELL: That's acceptable, three feet. That's all I have. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: Could you just tell me in each of those elevations what faces what, which street? MR. MARK WILSON: Which is which. I have to remember that myself only because these are marked with north, east, south and west. This elevation here, this is the one running along North Plank Road. You've got the bank on the left side, Walgreen's on the right. This is the elevation that's then running along Noel Drive. MR. PROFACI: Okay. Thank you. CHAIRMAN EWASUTYN: Hours of operation? MR. BEYER: They haven't determined them yet. I'm John Beyer. They haven't set their hours of operation yet. I have it's not a 24-hour store but they haven't determined their hours for the Walgreen's yet. The bank would be normal bank hours, closing in the early evening. CHAIRMAN EWASUTYN: Do you have standards where some stores are open 8 hours, PROPOSED PHARMACY & BANK DEVELOPMENT 80 some 12 and the maximum being - MR. BEYER: They have 24-hour stores where the entire store is open 24 hours. Scaling back, they usually have stores that would open at 8:00 in the morning and close at 10:00 in the evening would be the second tier of operation hours. CHAIRMAN EWASUTYN: We discussed security for the site in a manner that would not require the kind of illumination that you're currently proposing. I'm not that knowledgeable but I'll turn to others who have more experience. Karen, Pat. MR. HINES: I didn't review the site lighting but during work session we talked about the number of lights and the height of the lights and it seemed excessive. They're 22 feet apart and 25 feet high. That looked like there would be an awful lot of light. That's one light for every three parking spots. We need to take a look at that. The height is in excess of what the design standards currently allow also. MR. BEYER: What's the maximum height in the design standards? PROPOSED PHARMACY & BANK DEVELOPMENT 81 MR. HINES: 20. MS. ARENT: 20 feet for a parking lot. MR. HINES: I think you need to take a look at the light layout on the site. If security is an issue, maybe cameras could supplement that rather than lighting that intersection up like it's currently shown. CHAIRMAN EWASUTYN: Do you want to discuss somewhat the signage proposed? I think, Mr. Wilson, that was your introduction. MR. MARK WILSON: I did mention that. The signage on the building typically and on the last design, the Walgreen's standard and even on the Key Bank is to have internally illuminated signage. That is not the direction of your new design guidelines, so what we're doing is on the building we're using the typical signs that they like to see because that is their signature. They are not internally lit. They'll be externally lit from lights down below and possibly some goose neck lighting. The site signage, again the same thing. These are flat paneled signs currently which would be externally lit from the ground. They PROPOSED PHARMACY & BANK DEVELOPMENT 82 are not internally lit signs. MR. DONNELLY: Would you still need a variance for the size of them? MR. MARK WILSON: No. I believe we've recalculated and resized all the signage and it's now in compliance. CHAIRMAN EWASUTYN: Frank Galli? MR. GALLI: No additional comments. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No questions. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Just another one. Sorry. When you get into the construction phase here and you're going to leave the bank building standing operational when you build the Walgreen's building, I have a problem. How is that going to work? Do you know how it's going to work? MR. O'BRIEN: We've done a phasing plan. CHAIRMAN EWASUTYN: For the record you are? MR. O'BRIEN: Tim O'Brien, BL Companies. What we've done is we've basically PROPOSED PHARMACY & BANK DEVELOPMENT 83 left the corner, the existing corner where the bank stands, as is. We've come in a little further up beyond there. The existing tree line is right here along the road. Just at that tree line is where we would go in and basically leave the Key Bank alone, we'll put a chain-link fence up as the Board requested last time, leave the bank up while they construct the pharmacy and the bank. Once the bank is up and they receive a CO, the operations for that store would be moved over, then this would be removed and then the parking lot would be finished off. MR. GALLI: How are you going to do all the grading and stuff and the pipes that have to run through the parking lot? MR. O'BRIEN: We've done our utilities for the new store behind the store. We've done the drainage where there's only this line here. This is basically phase I where the bank would stay up. The only line out would be the line to the catch basins. That would be just to a trench. They'll have to work with the bank hours to make sure that they don't interfere with the operations of that store. Everything else we've PROPOSED PHARMACY & BANK DEVELOPMENT 84 done so that we would avoid that area. MR. O'DONNELL: Pat, can it work? MR. HINES: I was reading another application. I apologize. MR. DONNELLY: I think Jerry Canfield has to weigh in. MR. GALLI: We were talking about how they were going to keep the bank open and run the line through the parking lot. MR. HINES: We have to work that out with Jerry Canfield's office. I don't know how we're going to issue a CO with a noncompliant building. It's something we have to discuss as we move on. MR. O'DONNELL: I thought your point being made about we've been involved in some of these type of things in the past that I can think of up the road where the current building is supposed to come down and it stays. I mean we would need something very firm and in writing that's going to guarantee us. I mean that bank building looks like junk anyway. MR. O'BRIEN: The bank, as you can tell, is very close to the front of the PROPOSED PHARMACY & BANK DEVELOPMENT 85 Walgreen's. It actually protrudes out beyond the front of the new building. Walgreen's would want that building down. MR. BEYER: We could hold the CO for the Walgreen's until the rest of the work is done, which is the demolition of the existing bank and the remaining parking lot. So the Walgreen's couldn't actually open and have a CO until that was done. MR. HINES: That's better. We'll have to work that out. The CO is for the building. I don't know if that's considered two buildings. We have to look at that. MR. O'DONNELL: It's something to think about. MR. O'BRIEN: There's going to be some scheduling. The contractors are going to have to work with one another and look at the existing store operations. MR. O'DONNELL: I'll keep an eye on them in the morning. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: I'm good. CHAIRMAN EWASUTYN: Karen Arent, did PROPOSED PHARMACY & BANK DEVELOPMENT 86 you want to add anything on the signage? MS. ARENT: I think that if they are going to propose different signage on the building along with those goose neck lights, that should be illustrated because I've seen projects where it looks terrible. I think that the study of what it would look like, you should show it on your drawing. MR. MARK WILSON: I agree. MS. ARENT: I'm not exactly clear when you mentioned that the stone on the stonewall out front should match the building, does that mean you're going to use the natural stonewall out front and match your cultured stone to that natural stonewall? MR. MARK WILSON: Well, whichever direction we end up going. Whichever stone is used on the exterior, our site walls we would match it because there's such a variety of the cultured stone that could be used on the buildings. MS. ARENT: So you'll write a note on the drawing that says cultured stone? MR. MARK WILSON: Yes. PROPOSED PHARMACY & BANK DEVELOPMENT 87 MS. ARENT: We were talking about the water table around your building where there's no windows. Could that be raised a little higher kind of to match the stonewall, the water table around - MR. MARK WILSON: I believe it's probably at about 36 inches. MS. ARENT: It looks about 18, maybe 24. MR. MARK WILSON: No. It's at least 30 inches, plus there's a 3 or 4-inch cap on it. It could be at 36 inches. MS. ARENT: If it's 36 inches it would look very nice that way. MR. MARK WILSON: That should not interfere with any of the architectural objects. MS. ARENT: Great. Can you draw in the air conditioner units on the roofs to make sure that they are well hidden, - MR. MARK WILSON: Yes. MS. ARENT: -- because anything that you put on your building, including what's going on the roofs, has to be shown in the architectural drawings because the resolution PROPOSED PHARMACY & BANK DEVELOPMENT 88 states that if you don't show something you can't put it in later. Make sure you show everything that you're planning to put on the outside of the building. MR. MARK WILSON: Absolutely we can do that. MS. ARENT: What is that yellow-ish color? MR. MARK WILSON: The colored background on the building right now, and the white is the white trim. MS. ARENT: Do you think you can get something to match the stones a little bit better instead of the yellow? This is something the Board should consider. CHAIRMAN EWASUTYN: If there's a possibility of showing us something that would be more compatible, give that consideration when we look forward to ARB. MR. MARK WILSON: Absolutely. We can work with the Board and come up with something that's agreeable. That's perfectly acceptable. MS. ARENT: Is there any way to dress up the Key Bank drive-through at all? PROPOSED PHARMACY & BANK DEVELOPMENT 89 MR. MARK WILSON: I saw that note on your fax. The only comment I have on that is we thought about putting a gabled roof on that structure. Being three bays long, I was a little bit worried that the mass of that, if you put a four and twelve pitch roof on it, that being this particular structure here, it's going to become very long, very high and it's actually going to start to be higher than the roof line of the building behind it. MS. ARENT: We don't want that. MR. MARK WILSON: I think it's going - MS. ARENT: If you can maybe look at even a little more trim or something. Just see what you think. That would be fine. Thank you. CHAIRMAN EWASUTYN: Final comments from Board Members. Frank Galli? MR. GALLI: Nothing additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: Nothing. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? PROPOSED PHARMACY & BANK DEVELOPMENT 90 MR. PROFACI: How about a balustrade around the drive-through on the top? MR. MARK WILSON: A balustrade -MR. PROFACI: On that roof. MR. MARK WILSON: More like what you would typically see on the widows, walks and what not. That's a possibility. It's not traditionally the vernacular you see around here but we can take a look at that. CHAIRMAN EWASUTYN: I'll move for a motion to grant conceptual site plan approval for the proposed pharmacy and bank, to refer it to the Orange County Planning Department and to set it up for the next available work session. MR. O'DONNELL: So moved. MR. PROFACI: Second. CHAIRMAN EWASUTYN: I have a motion by Ed O'Donnell. I have a second by Joe Profaci. Any discussion of the motion? (No response.) CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. PROPOSED PHARMACY & BANK DEVELOPMENT 91 MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself aye. So carry. Mr. Wilson, would you see that Bryant Cocks gets a copy of the plans so we can circulate them to the Orange County Planning Department? You'll have to speak with Bryant as far as the next available date for a work session. MR. NEIL WILSON: Very good. I like Mr. Donnelly's suggestion about perhaps getting Mark Taylor in to coordinate - MR. COCKS: It probably won't be on the normal work session date. MR. DONNELLY: We've been lucky in the past. We have to put it on last or first. MR. COCKS: Jerry is going to be gone. CHAIRMAN EWASUTYN: Jerry I believe may be away for the next - MR. DONNELLY: I don't know if we can get that quick. MR. NEIL WILSON: We'll certainly work with Bryant on that. PROPOSED PHARMACY & BANK DEVELOPMENT 92 I do have a question, though. Obviously we need to -- we can get our application over to the ZBA for the parking spaces. You've indicated it's your practice to not do that until the negative declaration and SEQRA has been taken care of. I'm trying to get a sense of timing wise where the Board thinks they may be in that process. Obviously we would like to get to the ZBA as quickly as possible because if they say no we have some rethinking and retooling on our site plan. CHAIRMAN EWASUTYN: I think we'll be coming to that decision after the work session and when you're next scheduled to be on the next available agenda. MR. NEIL WILSON: Okay. CHAIRMAN EWASUTYN: If you want an honest answer, based upon our agendas and the scheduling, the possibility of you being on any earlier than -- October is probably the next time you'll possibly be on the agenda. Even then I don't want to be held to that because we are that backed up with business. MR. NEIL WILSON: All right. PROPOSED PHARMACY & BANK DEVELOPMENT 93 CHAIRMAN EWASUTYN: I think we can come close to a SEQRA determination by our next meeting, especially with Mark Taylor being involved, Jerry Canfield, Jim Osborne. There's some Town issues. MR. NEIL WILSON: All right. Thank you. (Time noted: 8:25 p.m.) C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 94 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 ORANGE COUNTY TRUST 6 (2007-03) 7 Northeast corner of Noel Drive & North Plank Road Section 76; Block 2; Lot 1 8 IB Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X CONCEPTUAL SITE PLAN 11 Date: July 19, 2007 Time: 8:26 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 KENNETH MENNERICH EDWARD T. O'DONNELL, JR. 17 JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 KENNETH WERSTED 22 APPLICANT'S REPRESENTATIVE: THOMAS DEPUY 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 ORANGE COUNTY TRUST 95 CHAIRMAN EWASUTYN: The following item of business this evening is Orange County Trust. It's a conceptual site plan located on the northeast corner of Noel Drive and North Plank Road. We normally don't receive material the night of the meeting. MR. DEHAAN: Oh, I'm sorry. CHAIRMAN EWASUTYN: It's just a policy. MR. DEHAAN: Can I still hand it out or no? CHAIRMAN EWASUTYN: Obviously you're driving the show. MR. DEHAAN: I apologize. CHAIRMAN EWASUTYN: It's not a policy to receive material the night of the meeting. MR. DePUY: Okay. CHAIRMAN EWASUTYN: I'll take it now. MR. DEHAAN: This is simply on the building itself so you understand what we're going forward with. CHAIRMAN EWASUTYN: Because I'm also in the beginning of introducing the project and you're walking across. ORANGE COUNTY TRUST 96 Can I begin? MR. DEHAAN: Yup. CHAIRMAN EWASUTYN: Thank you. The next item of business this evening is Orange County Trust. It's a conceptual site plan. If you don't know, we have the material right here. It's located on the northeast corner of Noel Drive and North Plank Road, it's in a B Zone and it's being represented by Thomas DePuy. MR. DePUY: I'm Tom DePuy of DePuy Engineering. Basically we have been in front of the Board once before. I had gotten comments from all of your consultants, we went back, worked on the site plan, took all their comments into account and revised the site plan accordingly, resubmitted it. Basically I think we reconfigured the site plan for some through traffic from the adjoining property here and here which was one of the comments. They wanted a pass through. We had this blocked off at one time. Also, I think in some of the comments we got now we're going to be sharing a dumpster with the adjoining property. We're going to have ORANGE COUNTY TRUST 97 an agreement with that. They're not really a big paper producer. There would be no reason really to put another dumpster on the site. Actually, they have a courier service that picks up a lot of their paper for proper shredding and stuff like that. They're not a big producer of paper. Basically, as you had indicated with the previous applicant, we had done a downstream study with them and basically the pipes that cross under Route 32 are adequate, but as we go downstream there's bottle necking of the stormwater. We have come up with a solution to that of replacing approximately 400 feet of pipe. It runs all the way down to the creek. Basically we had taken our -- we had redesigned our stormwater management and urban pollution control and went to underground to get rid of the open pond that we had on the front side. We have an underground sand filter which now will filter the runoff to underground sand filters which now will filter the runoff from the site. Basically we had some additional comments with respect to the landscaping. We're saving these trees over here. We had eliminated ORANGE COUNTY TRUST 98 the back parking here and made this all a buffer zone up through this area here. We originally had parking back in here. This is all becoming a buffer zone which we are going to landscape. Also on this drawing, though it hasn't been presented prior, we had gotten comments and we're going to wrap the sidewalk around, being it to the crosswalk, wrap it all the way up Noel, and we're also going to implement some stonewalls through the site as was the comment. CHAIRMAN EWASUTYN: Thank you. Just so we will walk through it similarly as we did with the bank and pharmacy, Pat will have a brief discussion on the improvements to drainage. MR. HINES: Once again, on this site Mr. DePuy had gone the study and identified the restrictions that I think everyone knew were existing there because there was an existing drainage condition at Noel Drive and 32. We're just looking for how that's going to be coordinated,and pavement, timing issue, who is going to be responsible for what needs to be worked out. We are suggesting a joint technical work session with both applicants to work these ORANGE COUNTY TRUST 99 issues out. Our previous comments have been responded to regarding the drainage, water installation and sewer. This will need a flow letter from the City of Newburgh eventually. Some of the site I think is tributary to them now. You have to do a calculation, there's a couple residential houses there now. MR. DePUY: There's two still existing and there was a third one that had been knocked down. Probably the flow from the site is less. MR. HINES: If you can do those calculations and get those to Jim Osborne as soon as possible. With both sites the jurisdictional fire department should be contacted to coordinate their review. That's all we have. Otherwise our previous comments have been addressed. The stormwater coordination is the major issue outstanding. That I think we can accomplish. CHAIRMAN EWASUTYN: Thank you. Ken Wersted as far as the road ORANGE COUNTY TRUST 100 improvements. MR. WERSTED: Our previous comments have been addressed. Our only outstanding concern is the main access off Route 32. Currently that intersection is a full access driveway. You have a fairly good grade into the existing small retail plaza there. Opposite that location you've got McDonald's that has two driveways just about opposite there. There's also a large curb cut for the adjacent gas station. Our concern with that location is just vehicles traveling south on Route 32, stopping in traffic to make a left but the traffic northbound is so heavy they really need to have somebody there stop and make a gap for them to turn left to get into the plaza. Likewise on the exit. Exiting, if you turn left it's difficult there because of the heavy volume northbound. The existing plaza has access out to Helena Terrace and with this proposed development both projects will have access out to Noel Drive. There's an interconnection proposed at the front of the building and also in the rear. Obviously Noel Drive has access out to the traffic signal. ORANGE COUNTY TRUST 101 We're asking a right in/right out be considered for the access out to Route 32. This is in DOT jurisdiction so we suggest that the plans be presented to DOT and they weigh in on that access. CHAIRMAN EWASUTYN: Is this project being considered also as far as fair share contributions to that area? MR. WERSTED: Yes, it is. They have agreed to, I believe, cooperate with the other applicant, the pharmacy and bank to the north, in terms of the relocation of Noel Drive, which will obviously benefit both parties. This is also contributing traffic to the adjacent intersection of Gardnertown Road and Gidney Avenue. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. MR. COCKS: The applicant made the changes regarding the buffering of the site. I just rechecked it and it's in compliance. The 25 foot is enough. That's in compliance. We just mentioned the sidewalks. They connected the parking lot between the laundrymat/Subway building and this building ORANGE COUNTY TRUST 102 in the front and back as we requested. We're asking where is the dumpster location going to be on this? There's one for the other site. I didn't know if they were planning on using the same one. MR. DePUY: We're going to share the dumpster with them. As I indicated, they have a courier that picks up a lot of their paper for shredding. They are not a big on-site paper producer. It's collected on a daily basis. MR. COCKS: There's a generator on site right next to the dumpster. MR. DePUY: Right. MR. COCKS: Whatever easement language is going to have to be submitted to Mike Donnelly for review before final approval. MR. HINES: What does that generator do rather than generate electricity? MR. DeHAAN: I'm Chris DeHaan, DeGraw, DeHaan Architects. The generator is a back-up generator for the bank facility for computer systems and for the ATM. This is not their only site. They are interconnected to other sites which is on network. If part of the network is ORANGE COUNTY TRUST 103 down it's a problem for the bank. MR. HINES: That generator is there now; correct? MR. DeHAAN: No. It's a newly proposed generator. MR. COCKS: That was all we had. CHAIRMAN EWASUTYN: Karen Arent. MS. ARENT: When you design the stonewall, if you can consider the view when you're traveling south along Route 32, when you look across Noel Drive, you have to screen the parked cars. Consider either planting or continuing the stonewall around in order to screen the cars. MR. DePUY: Here? MR. DeHAAN: We've shown that serpentining the stonewall with some breaks in it because the distance from parking to the property line. The stonewall undulates with breaks and plantings in between. MS. ARENT: Great. That sounds very nice. We usually ask for it to be 36 inches high. It needs to be detailed on the drawing. MR. DePUY: Okay. ORANGE COUNTY TRUST 104 MS. ARENT: And the sidewalk, I don't know whether the Planning Board wants to put one on both sides of Noel Drive or you want to discuss that with the other applicant. It might only need to be on one side. MR. DePUY: One side or the other. MS. ARENT: And to continue your sidewalk to the entrance way so if somebody is walking they can just get on to the asphalt and walk up to Subway. MR. DeHAAN: We also put a spur coming from the sidewalk to the break, so there's a break in the wall and plantings to allow to you come right in. It aligns with the handicap access aisle. MS. ARENT: That's good planning. Is there a free-standing sign proposed? MR. DeHAAN: No, there is not. The signage will be on the building. MS. ARENT: Again, use your expertise and show us the sign you want to use. MR. DeHAAN: Actually, I do apologize but the elevations I did hand out this evening do show that signage with one exception which we ORANGE COUNTY TRUST 105 would probably look at. Because we don't have the ability to put a free-standing sign, we may put a larger sign in the gable end of the building that faces 32, but that would be the only difference. Actually, attached to that is a photograph of another Orange County Trust in Middletown that is similar in nature to what this building would be, the same material, same brick work, same type of roof. MS. ARENT: So on this type of roof -you'll have all your cooling systems and everything on the ground? MR. DeHAAN: All the mechanicals for the building, with the exception of two condensers, are inside the structure. You don't see them from the outside. Any vent piping would be on the back side of the building that you wouldn't see from either Noel or 32. The two condensers that we do have are located on the one side of the building which we have a large area to the side, about fifteen-foot grassed area. There are plantings around it. MS. ARENT: Just make sure it's shown on your landscape plan. ORANGE COUNTY TRUST 106 MR. DeHAAN: We did update that. MS. ARENT: Okay. Then I had minor comments in reference to plant material that you could forward to your landscape architect. That's it. CHAIRMAN EWASUTYN: Frank Galli? MR. GALLI: Two questions. There's a pump house or pump station back near that dumpster. Is that the Town's? MR. DeHAAN: I don't know. MR. GALLI: Do you know what it is? MR. DePUY: I know where it is. MR. GALLI: It's right there. MR. DeHAAN: I'm not sure who it serves or what it's for. MR. GALLI: Maybe it's for the sewer system in that area. I'm not sure. MR. HINES: I don't think there's sewer in that area. MR. GALLI: Maybe you can find out by the next meeting and let us know. MR. HINES: That's where the generator is. MR. GALLI: There's the garbage then ORANGE COUNTY TRUST 107 the dumpster and the pump house and generator. I'm just curious what that pump house is. The second question is the stonewalls up in front, you said there was going to be partial - MR. DePUY: We're running them right along. MR. GALLI: Is that a continuous stonewall besides the one break? MR. DePUY: Yes. MR. DeHAAN: No, no, no. It's not continuous. Actually what it does is it serpentines around then there's an opening, it serpentines, opening for the walkway, serpentines, opening. In those infills are plantings so you have a switch over of materials. MR. GALLI: The plantings are going to be maintained because of the salt and stuff on 32? MR. DeHAAN: Yup. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: What type of fuel are you using for the generator? MR. DeHAAN: Natural gas. The ORANGE COUNTY TRUST 108 generator would be a house generator so there would be a sound attenuating enclosure around the generator. MR. MENNERICH: Thank you. That's it. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Just one question. Ken, do you plan on having a joint meeting with both of these applicants on the issue of traffic? Traffic alone. MR. WERSTED: I think that's one of the points that Mike brought up regarding the consultants' work session with this applicant, the previous applicant, Mark Taylor from the Town Board, myself and Jim Osborne. MR. O'DONNELL: All in the same room? MR. WERSTED: Yes. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: I don't have anything right now, John. Thanks. CHAIRMAN EWASUTYN: I think during our work session it was mentioned, or maybe I thought I heard you say both projects we should refer on to the jurisdictional fire department. MR. HINES: Yes. ORANGE COUNTY TRUST 109 CHAIRMAN EWASUTYN: Bryant, if you make mention of that, I don't think we had said that to Mr. Wilson. I think it might be best if we coordinate that letter or plans on to them. I'll move for a motion from the Board to grant conceptual site plan approval, to refer this to the Orange County Department of Planning and to set this up for the next available work session for Orange County Trust. MR. GALLI: So moved. MR. O'DONNELL: Second. CHAIRMAN EWASUTYN: I have a motion by Frank Galli. I have a second by Ed O'Donnell. Any discussion of the motion? (No response.) CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. ORANGE COUNTY TRUST 110 MR. DePUY: Thank you. (Time noted: 8:42 p.m.) C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 111 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 BRYANT SUBDIVISION (2007-22) 6 74 Cronomer Heights Drive 7 Section 75; Block 1; Lot 46 R-3 Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 CONCEPTUAL SKETCH PLAN TWO-LOT SUBDIVISION 11 12 13 14 BOARD MEMBERS: 16 17 18 ALSO PRESENT: 19 21 Date: July 19, 2007 Time: 8:43 p.m. Place: Town of Newburgh Town Hall1496 Route 300 Newburgh, NY 12550 JOHN P. EWASUTYN, Chairman FRANK S. GALLIKENNETH MENNERICH EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI DINA HAINESMICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 22 APPLICANT'S REPRESENTATIVE: 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 CHARLES BROWN BRYANT SUBDIVISION 112 CHAIRMAN EWASUTYN: The following item of business this evening is the Bryant subdivision. It's a conceptual sketch plan for a two-lot subdivision located on Cronomer Heights Drive, it's in an R-3 Zone and it's being represented by Charlie Brown. MR. BROWN: Thank you. This project was previously before the Board in 2001 under a different applicant and it was subsequently withdrawn for personal reasons. It's an existing 3.5-acre lot that contains a single-family residence on Cronomer Heights Drive in the R-3 district. This proposal is essentially the same as it was presented in 2001, creating one new building lot for a single-family residence which would be supported by a well and a septic. Both lots are over an acre-and-a-half as proposed. Both have frontage on Cronomer Heights Drive which is a private road. They'll be served from that road. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. MR. COCKS: Charlie, we couldn't find the old survey. I guess we threw it out. BRYANT SUBDIVISION 113 CHAIRMAN EWASUTYN: Bryant, you have to speak up. MR. COCKS: We couldn't find the survey sheet because we didn't have the file. If you could just give us the survey. We need a new location map. If you could label the sight distance at Cronomer Heights Drive on the driveway. I was asking for two easements. Leading up to the Hill Investment property? MR. BROWN: Those are existing easements. MR. COCKS: They're going to have to be filed with Mike to get final approval. The lot layout was fine with us. We have no issues with that. It meets all the zoning requirements. CHAIRMAN EWASUTYN: Pat Hines. MR. HINES: Our only comment is the septic systems identifies the area had been filled and we would recommend it get referred to the County Health Department for review since the deep tests identify there's been previous fill on the site. BRYANT SUBDIVISION 114 MR. BROWN: I actually looked at that and we can relocate them out of the area where the fill was placed. We have plenty of room to locate them. When this subdivision came before the Board in 2001, because of recent subdivisions in the vicinity at that time it was referred to the County Health Department. The fill was being placed as part of the County Health Department requirements, and then my clients went their merry ways and abandoned the project. I did look at it and we can certainly provide the septic in areas that are not in that fill zone. MR. HINES: Show me. MR. BROWN: I'll do that. MR. HINES: Okay. CHAIRMAN EWASUTYN: Comments from Board Members. MR. GALLI: No. MR. MENNERICH: Pat, you previously mentioned Orange County Health allows you to review fill systems. MR. HINES: Shallow absorption trench systems that are placed less than 30 inches BRYANT SUBDIVISION 115 including the 6 inches of topsoil that's done in the process of building the septic system. I don't know how much fill has been placed here. MR. BROWN: It was only about two feet. It was a shallow system. At that time the County Health Department wanted the fill placed before they would approve the system. At that time a shallow wasn't - MR. HINES: If it's placed in constructing the system then it's fine. If it's a filled area, then you get a little concerned and would rather have them review it. If they can find a location that hasn't been impacted by fill, that's fine also. MR. BROWN: The only fill was placed in this shaded area right here. We did do a design in the office today in the reserve area, and that was a shallow system. Just below that we have enough room to add in another reserve area. We'll confirm that with the soil testing. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: Nothing. BRYANT SUBDIVISION 116 CHAIRMAN EWASUTYN: I'll move for a motion to grant conceptual sketch plan approval for the two-lot subdivision for Bryant. MR. PROFACI: So moved. MR. O'DONNELL: Second. CHAIRMAN EWASUTYN: I have a motion by Joe Profaci. I have a second by Ed O'Donnell. I'll ask for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. MR. BROWN: Will we be able to get a public hearing scheduled at this point? CHAIRMAN EWASUTYN: I think not until you revise your plans with the septic design. MR. BROWN: Okay. CHAIRMAN EWASUTYN: I have a call in to you. Just so you know, we won't be taking any action on lot number 2 of the Chris Kelly BRYANT SUBDIVISION 117 subdivision as far as a commercial application at this point until we receive the application fee and the escrow fee. As written in the letter, it won't be considered until that's done. I did call them and you yourself on your phone. I'm sure you were busy today and couldn't return it. MR. BROWN: Thank you. (Time noted: 8:47 p.m.) 118 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 119 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 CHESTERFIELD COURT 6 (2006-21) 7 Lakeside Road Section 28; Block 1; Lot 14.11 8 R-1 Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X TEN-LOT SUBDIVISION 11 12 13 14 BOARD MEMBERS: 16 17 18 ALSO PRESENT: 19 21 Date: July 19, 2007 Time: 8:48 p.m. Place: Town of Newburgh Town Hall1496 Route 300 Newburgh, NY 12550 JOHN P. EWASUTYN, Chairman FRANK S. GALLIKENNETH MENNERICH EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI DINA HAINESMICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 22 APPLICANT'S REPRESENTATIVE: 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 WILLIAM EUSTANCE CHESTERFIELD COURT 120 CHAIRMAN EWASUTYN: The next item of business this evening is Chesterfield Court. It's a ten-lot subdivision on Lakeside Road in an R-1 Zone. It's being represented by - MR. EUSTANCE: Bill Eustance, Eustance & Horowitz Engineers. CHAIRMAN EWASUTYN: -- thank you - Bill Eustance of Eustance & Horowitz Engineers. MR. EUSTANCE: Basically we're here on a preliminary plan subdivision application for a ten-lot subdivision that has been before this Board. We believe we have responded to the previous letters by Garling and McGoey. We just recently received a letter from Karen Arent. I would have to ask her what an interesting screening would consist of? I think I know what it is - MS. ARENT: Okay. MR. EUSTANCE: -- but I have to ask the question. We're proposing a cul-de-sac to serve the front seven lots. The rear three lots have received Town Board okay for the driveways extending across the wetland and the proposed CHESTERFIELD COURT 121 retaining walls so that we can keep our wetland disturbance below a tenth of an acre. Another item in Karen's letter, she said landscaping in front of lot 10. There's quite an undisturbed area, however lot 9 might need some work. MS. ARENT: Then that's what we prefer, to save whatever we can. As long as there's substantial enough vegetation remaining, that would suffice. MR. EUSTANCE: I would like Mr. Shulkin to speak to one of the items which was the Orange Lake Homeowners Association. MR. SHULKIN: Thank you. My name is Richard Shulkin, S-H-U-L-K-I-N. At the suggestion of the Planning Board Chairman, John Ewasutyn, I met with Jay Coppola - CHAIRMAN EWASUTYN: Did I say that to you? MR. SHULKIN: You did say that. CHAIRMAN EWASUTYN: Okay. Thank you. MR. SHULKIN: It was a good suggestion. I did meet with him, we had a nice glass of wine and I gave him a complete set of plans. He also CHESTERFIELD COURT 122 met with Greg Langer who is also involved in the association and they are comfortable with what we are proposing. CHAIRMAN EWASUTYN: Thank you. You did meet with the Town Board and the Town Board also approved the drainage district - MR. SHULKIN: The drainage district. CHAIRMAN EWASUTYN: -- along with the shared driveways? MR. HINES: And also the use of retaining walls along the proposed Town roadway. MR. EUSTANCE: And the ponds are to be in separate lots as part of the drainage district. CHAIRMAN EWASUTYN: Pat, outstanding items that we have with the ten-lot subdivision? MR. HINES: They have addressed our previous comments for preliminary. They do need preliminary approval to go to outside agencies. They need DEC approval for the sewer system extension, Orange County Health Department approval for the water main extension. We are awaiting the jurisdictional determination for the wetlands. I know they gave CHESTERFIELD COURT 123 us a copy that the Army Corp has received their delineation. The Town Board issue has been resolved that we raised in our previous comments. We feel a negative declaration could be issued and preliminary approval. It needs a public hearing prior to that. A negative dec and public hearing would be appropriate. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. MR. COCKS: The applicant met all our previous comments. He mentioned going to the homeowner's association. They need a landscape plan for Karen to review including the entryway. The maintenance of the retaining walls in the back three lots are going to have to be worked out also. CHAIRMAN EWASUTYN: Thank you. Karen Arent, Landscape Architect. MS. ARENT: I'm reviewing the screening along Lakeside Road. If you could show -- it looks like you can preserve some more trees in CHESTERFIELD COURT 124 front of lot 9 the way the grading is. If you can show those trees to remain, that would help provide more screening of the side of that home from Lakeside Road. The screening of the stormwater management basin, I understand you're really not supposed to put the screening in the berm part of the basin. The basin is so close to the road. MR. EUSTANCE: We could put screening on the front face of the berm. It's just on the back face here that we couldn't do it. MS. ARENT: So I think a mixture -- a couple of white pines would be nice but all white pines in a row kind of causes your eye to draw attention to it. If you mix in the white pines and maybe put shrubs and small trees, that would be more interesting. It would kind of blend so it's not a row out in the middle. MR. EUSTANCE: We had met at another project, Cranesville. You want something similar to that? MS. ARENT: Similar to that would be fine. I would suggest a few shrubs so that you get that ground-level screening from the road. I CHESTERFIELD COURT 125 don't think you put any shrubs on that site. MR. EUSTANCE: We can discuss it later. I like things like Forsythia and Honeysuckle that grow in and just keep on - MS. ARENT: It would be nice if you could use -- like Honeysuckle now is considered invasive. If you do like Red Barnum or something like that. MR. EUSTANCE: I like invasive because they fill in. MS. ARENT: The Forsythia is not invasive so that would be okay. Then if you could show all your planting on one plan so there's a landscape plan so it's easy to make a bond and everything. MR. EUSTANCE: On this one, let's call it one landscape plan to include the stormwater pond. MS. ARENT: Correct. And street trees as well as any entrance details you're going to propose for the entrance. MR. EUSTANCE: I know we had shown on the cross section of the road that we were going to do street trees every forty feet. CHESTERFIELD COURT 126 MS. ARENT: If you can show them. You can write a note that the placement of the trees can be -- the spacing of the trees can be adjusted in the field. We need to know how many you're going to need in order to determine a bond amount. MR. EUSTANCE: It sounds like we need a separate plan. MS. ARENT: It would be nice to have a separate plan that's for landscaping. If you could just put the notes in reference to tree protection on your grading and erosion control plan. MR. EUSTANCE: I had a question on that. You want it on - MS. ARENT: The erosion control plan it's important to put it on. I'm wondering if we should start putting some of the notes on the grading plan so the grading contractors know to stay out of these areas. If it's easy, that would be great. MR. EUSTANCE: Those will just be taken right out of your letter. MS. ARENT: Yeah. It would be great if CHESTERFIELD COURT 127 you had it on both plans and everybody is fair warned that we're trying to save these trees. MR. EUSTANCE: There was a question on one of the other review letters about cross grading. Our response was that most of the cross grading is in the area of the road. We'll take care of that with the road. What we've designed back here is grading so that as we approach the property line it stops and we don't have to worry about cross grading there. MR. HINES: That was in one of my previous comments. As long as the grading is going to be accomplished prior to selling the lots, that would be fine. MR. EUSTANCE: That would be done here. Back here we managed to split it. CHAIRMAN EWASUTYN: Okay. Final comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No questions. MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? CHESTERFIELD COURT 128 MR. PROFACI: No. CHAIRMAN EWASUTYN: I'll move for a motion to declare a negative declaration for the ten-lot subdivision of Chesterfield Court and to schedule them for a public hearing on the 6th of September. MR. PROFACI: So moved. MR. MENNERICH: Second. CHAIRMAN EWASUTYN: I have a motion by Joe Profaci. I have a second by Ken Mennerich. I'll ask for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. MR. EUSTANCE: Thank you very much. (Time noted: 9:02 p.m.) 129 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 130 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 LANDS OF TERRIZI 6 (2006-48) 7 West side of Route 32 Section 4; Block 2; Lot 5 8 RR Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X FOUR-LOT SUBDIVISION 11 Date: July 19, 2007 Time: 9:02 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 KENNETH MENNERICH EDWARD T. O'DONNELL, JR. 17 JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 22 APPLICANT'S REPRESENTATIVE: 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 JOHN NOSEK LANDS OF TERRIZI 131 CHAIRMAN EWASUTYN: The following item of business this evening is the lands of Terrizi. It's a four-lot subdivision located on the west side of Route 32, it's in an RR Zone and it's being represented by John Nosek. John, if you would give your presentation. MR. NOSEK: Good evening. John Nosek, the engineer for the project. This is a four-lot subdivision on New York State Route 32. The Board had seen this project before. Since then we've prepared preliminary plans including the detailed design of the sewage disposal system, the soil tests, perk tests and test pits, site grading profiles of the proposed private road cul-de-sac. We've also prepared a stormwater drainage report as well as a stormwater detention pond to offset our increase in stormwater runoff. We've also added our stormwater pollution prevention plant sheets as part of the set, as well as our detail sheets. We have submitted the plans to the DOT. We have not heard a response back yet. I have a LANDS OF TERRIZI 132 phone call in to their office hoping to be able to wrap that up with them sometime in the near future. Anyway, we're hoping that the plans have moved far enough along that we can possibly get a public hearing scheduled. CHAIRMAN EWASUTYN: Thank you. Pat Hines. MR. HINES: Our first comment is that we're looking to hear from DOT regarding the private road entrance onto the State highway. We have some drainage comments. We're looking for a swale along the private roadway for the runoff on the site. It looks like the way it's graded right now you may be diverting the runoff to the front lot. That can be directed to the detention ponds. The access and maintenance agreement for the private road, as well as the detention pond you'll need to incorporate for the stormwater pond that is on lot 1. We have some minor clean-up items on the stormwater management report. It looks like you have some elevations that need to be LANDS OF TERRIZI 133 coordinated. The septic systems we reviewed and are in compliance with the Public Health Law. MR. NOSEK: One question. On the stormwater plan, our stormwater pollution prevention plan shows that we have approximately 3.4 acres of disturbance. I am below the 5-acre threshold for mandatory stormwater quality treatment. I'm below that. MR. HINES: Under the DEC regs but not the Town's regs. MR. NOSEK: The Town regs require treatment as well as stormwater detention? MR. HINES: Yes. MR. NOSEK: In other words, I have addressed the increase in runoff but I did not address water quality treatment. I didn't realize the Town had local water quality treatment regs. Maybe I could talk to you about that. MR. HINES: My comments -- do you have my comments? MR. NOSEK: Yes. MR. HINES: You need a sediment forebay LANDS OF TERRIZI 134 or fencing. The Town wants these things either fenced or a one-on-four slope. MR. NOSEK: I need a sediment forebay. Why? MR. HINES: Because you can't design a detention pond without that. MR. NOSEK: That's Town code? MR. HINES: It's not going to function properly. It doesn't have to be that large but it reduces operation and maintenance costs by keeping the sediment all in one spot. MR. NOSEK: That's fine. The issue of the fence is -- I guess it's up to the Board. I just visually don't think it's going to look that good to have a fence right there adjacent to Route 32. MR. HINES: We're looking for fences. Karen may be able to provide you with details, a split rail fence with some black vinyl fencing in it. It looks pretty good and it's not that expensive. It's just a safety measure. With the slopes you have there, the Town Board told me they be fenced on one-on-four slopes. MR. NOSEK: Okay. That's the questions LANDS OF TERRIZI 135 I had. MS. ARENT: I just realized your stormwater management basin is adjacent to Route 32. Anywhere it's adjacent to a public road you have to provide landscaping to make it look good. MR. HINES: That's another Town Board -MS. ARENT: That's not me, it's the Town Board. MR. NOSEK: When you say landscaping, do you want street trees? MS. ARENT: Some trees and some shrubs to kind of soften the appearance. MR. NOSEK: The general rule of thumb is we don't like to put trees in the right-of-way because that can impede sight distances. MS. ARENT: You can't put them in the right-of-way. MR. NOSEK: Okay. Not in the right-of-way. MS. ARENT: Right outside of the right-of-way. No plantings in the right-of-way. CHAIRMAN EWASUTYN: Bryant. MR. COCKS: Did you guys ever get any LANDS OF TERRIZI 136 information regarding that - MR. NOSEK: I spoke to Mr. Terrizi. I'm sure the gentleman is going to be notified for the public hearing. There's nothing there. We're not aware of actually how he even gets to his property because we're not even sure if he has a right-of-way over Cronin. I don't believe he has a right-of-way over our parcel; correct? MR. TERRIZI: There's a twenty-foot right-of-way between Cronin off Route 32 and it heads west. There's parallel -- two stonewalls that run parallel. Initially when the properties were purchased in the mid `60s that was a deeded right-of-way that went into that area. I assume that deeded right-of-way still exists and he would have access through that right-of-way. MR. NOSEK: Not through our parcel. We have no right-of-ways over our parcel. MR. TERRIZI: No. MR. NOSEK: It's vacant. There's nothing there. I'm not quite sure what the intent was back when the lot was created. There's nothing there. MR. COCKS: I just didn't know what was LANDS OF TERRIZI 137 going to happen with like maintenance. If it's just lawn -- is it going to be fenced off? Do they have the right to go on it to maintain it? MR. NOSEK: If you think we should put a fence, certainly we can look at that as far as our proposal. Obviously we're going to leave it undisturbed, it's not our land. It creates an awkward jog, I kind of agree with that, but there's not really much we can do. If your suggestion is to look into maybe putting in some sort of a fence or something there, we can do that. MR. COCKS: I don't think fencing it off would really do much good. Okay. Just a wetland delineation note. The signature has to be on the plans. A snow storage easement should be shown at the end of the cul-de-sac. That language should be worked into the maintenance agreement. MR. NOSEK: Has a maintenance agreement been prepared? MR. TERRIZI: Yes. MR. NOSEK: Has it been sent to the attorney? LANDS OF TERRIZI 138 MR. TERRIZI: No. MR. NOSEK: We'll coordinate and include those items. The maintenance agreement has been prepared but it hasn't been sent to Mike yet. We'll incorporate that before it's sent. CHAIRMAN EWASUTYN: Have you approached the Town Board for a private roadway agreement? MR. NOSEK: We have not. CHAIRMAN EWASUTYN: That's something you'll have to satisfy also. MR. NOSEK: We'll have to get approval from the Town Board for the road name. Come up with the road name. I think that was one of the planner's comments. CHAIRMAN EWASUTYN: Frank Galli? MR. GALLI: No additional comments. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: Did you answer Bryant's last question concerning the bedrooms in the houses? MR. NOSEK: Yeah. They're four bedroom. We do show lot number 2 as a three bedroom only because it's -- I had a slower perk on that lot and I've used a pretty large area. LANDS OF TERRIZI 139 To go to a four bedroom I think would make a fairly large septic system that I'm trying to avoid. So we'll take a look at that lot number 2. I know the other ones are all four bedroom. MR. MENNERICH: Thank you. MR. NOSEK: We'll label them as such. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No, thank you. CHAIRMAN EWASUTYN: I'll move for a motion from the Board to declare a negative declaration for the four-lot subdivision of Terrizi and to schedule it for the 6th of September for a public hearing. MR. GALLI: So moved. MR. O'DONNELL: Second. CHAIRMAN EWASUTYN: I have a motion by Frank Galli. I have a second by Ed O'Donnell. Any discussion of the motion? (No response.) CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. LANDS OF TERRIZI 140 MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. Thank you. MR. NOSEK: Thank you. MR. HINES: Just for Michelle, if the gentleman in the back can identify himself. CHAIRMAN EWASUTYN: You read my thoughts. MR. NOSEK: John Terrizi, he's the applicant. (Time noted: 9:08 p.m.) 141 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 142 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 LANDS OF CONNOLLY 6 (2007-11) 7 Connolly Way Section 7; Block 1; Lot 64 8 AR Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X CONCEPTUAL SKETCH PLAN TWO-LOT SUBDIVISION 11 12 13 Date: July 19, 2007Time: 9:08 p.m. Place: Town of NewburghTown Hall 1496 Route 300 14 Newburgh, NY 12550 16 BOARD MEMBERS: JOHN P. EWASUTYN, ChairmanFRANK S. GALLI KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 19 ALSO PRESENT: DINA HAINES MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES 21 KAREN ARENT 22 APPLICANT'S REPRESENTATIVE: KENNETH LYTLE 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 LANDS OF CONNOLLY 143 CHAIRMAN EWASUTYN: The last item of business this evening is the lands of Connolly. It's a conceptual sketch plan for a two-lot subdivision located on Connolly Way in an AR Zone. It's being represented by Ken Lytle. Sorry to keep you. MR. LYTLE: Thanks. Good evening. Since our last meeting we were asked to go out and do some additional perk tests. Pat Hines' office witnessed them. I was also asked that we add the existing road topo on there as it currently is in place. We've done that. I believe we addressed all the consultants' comments. If anyone has any questions. CHAIRMAN EWASUTYN: Pat, you witnessed the percolation tests and you're satisfied with that? MR. HINES: Yes. A representative of my office witnessed those. Those details have been added to the plans. The dosing system and the septic system is utilizing a pump. We also asked the topography be LANDS OF CONNOLLY 144 updated. The previous maps showed the topography before the last subdivision, before the roads were built. An updated topography with the roads being constructed has been shown. We have no outstanding issues. CHAIRMAN EWASUTYN: Bryant. MR. COCKS: The only issue we have is just the renumbering of the lots which they did. We have no other issues. CHAIRMAN EWASUTYN: Final comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No comments. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: Nothing. CHAIRMAN EWASUTYN: I'll move for a motion from the Board to grant conceptual sketch plan approval for the two-lot subdivision of the lands of Connolly, to declare a negative declaration and to set it up for a public hearing on the 6th of September. LANDS OF CONNOLLY 145 MR. PROFACI: So moved. MR. MENNERICH: Second. CHAIRMAN EWASUTYN: I have a motion by Joe Profaci. I have a second by Ken Mennerich. Any discussion of the motion? (No response.) CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. MR. LYTLE: Thank you. (Time noted: 9:11 p.m.) 146 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 147 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 6 E-MAIL FROM CLIFFORD BROWNE DATED 7/10/07 RE: THE MARKET PLACE RETAINING WALL 7 (2004-54) 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 BOARD BUSINESS 11 12 Date: July 19, 2007 Time: 9:12 p.m. Place: Town of Newburgh Town Hall 13 1496 Route 300 14Newburgh, NY 12550 16 BOARD MEMBERS: JOHN P. EWASUTYN, ChairmanFRANK S. GALLI KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 19 ALSO PRESENT: DINA HAINES MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES 21 KAREN ARENT 22 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 148 CHAIRMAN EWASUTYN: We discussed Cliff Brown's e-mail. We'll give that consideration with the possibility of designing a retaining wall for the Cosco site. (Time noted: 9:12 p.m.) C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 149 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 MOUNTAIN LAKE ESTATES SUBDIVISION 6 (2004-61) 7 LETTER FROM STEPHEN J. GABA DATED 6/13/07 RE: EXTENSION OF CONDITIONAL FINAL APPROVAL 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 BOARD BUSINESS 11 12 Date: July 19, 2007 Time: 9:13 p.m. Place: Town of Newburgh Town Hall 13 1496 Route 300 14Newburgh, NY 12550 16 BOARD MEMBERS: JOHN P. EWASUTYN, ChairmanFRANK S. GALLI KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 19 ALSO PRESENT: DINA HAINES MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES 21 KAREN ARENT 22 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 MOUNTAIN LAKE ESTATES 150 CHAIRMAN EWASUTYN: Mike, we received, and you also received a cc on it, a letter from Steve Gaba for Mountain Lake subdivision. It was granted final approval which expires on the 15th of August 2007. He's looking for a six-month extension which carries out to the 13th of February 2008. I'll move for a motion to grant a six-month extension for Mountain Lake Estates subdivision. MR. GALLI: So moved. MR. O'DONNELL: Second. CHAIRMAN EWASUTYN: I have a motion by Frank Galli. I have a second by Ed O'Donnell. I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. (Time noted: 9:15 p.m.) 151 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 152 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 6 QUARTERLY SITE INSPECTION SEPTEMBER 2007 7 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 BOARD BUSINESS 11 12 Date: July 19, 2007 Time: 9:15 p.m. Place: Town of Newburgh Town Hall 13 1496 Route 300 14Newburgh, NY 12550 16 BOARD MEMBERS: JOHN P. EWASUTYN, ChairmanFRANK S. GALLI KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 19 ALSO PRESENT: DINA HAINES MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES 21 KAREN ARENT 22 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 153 CHAIRMAN EWASUTYN: Just keep in mind since everyone was so excited about maybe not having a quarterly site inspection in August, now we'll begin talking about it in August for September. Karen said it's a bad idea. Thank you, Karen. (Time noted: 9:15 p.m.) C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 154 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 THE MARKET PLACE 6 (2004-54) 7 ROBERT H. WILDER, JR. E-MAIL DATED 7/12/07 RE: INCLUSION AT THE PLANNING BOARD WORKSHOP 8 MEETING TO BE HELD ON 7/24/07 9 - - - - - - - - - - - - - - - - - - - - - - - - - X BOARD BUSINESS 11 12 13 14 BOARD MEMBERS: 16 17 18 ALSO PRESENT: 19 21 Date: July 19, 2007 Time: 9:16 p.m. Place: Town of Newburgh Town Hall1496 Route 300 Newburgh, NY 12550 JOHN P. EWASUTYN, Chairman FRANK S. GALLIKENNETH MENNERICH EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI DINA HAINESMICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 22 APPLICANT'S REPRESENTATIVE: ROBERT H. WILDER, JR. 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 THE MARKET PLACE 155 CHAIRMAN EWASUTYN: The last item of business is I want someone to speak to how we want to -- someone should be responsible -- I can't get away from you. Here you are. I was going to say someone should be responsible for speaking with Mr. Wilder tomorrow and sure enough - MR. O'DONNELL: Here he is. CHAIRMAN EWASUTYN: Mike, why don't you bring Mr. Wilder along. Thank you for showing up. MR. DONNELLY: At our work session both the Cosco revisions as well as the lifestyle center revisions were reviewed and discussed by the Board. I think there was a generally favorable reaction and response to both of those. There were a few tidbits. The location of the bank in the lifestyle center maybe didn't function and there were some comments on that. There were some questions about how truck delivery circulation would work. Most of what I think was discussed of a negative nature was detail oriented and not THE MARKET PLACE 156 concept oriented. We then discussed the fact there were several layers the Board and the consultants would need to work on. One of those is ensuring incorporation into the plans of the mitigation measures. Although you have created a sheet in the plans that copies all of the mitigation measures, that may not be enough. We think that some of them probably need to be the appropriate page or location where someone would actually find them as they look at the plan, and maybe at a consultants' meeting we can work that out. The other issue that was discussed is, I think particularly for Pat and to some degree I'm sure for Karen and Ken, we need to have the engineering specifics on drainage and what not. The thought was this is now right for a consultants' meeting but for that meeting to be meaningful an updated report set that's needed needs to be delivered to the consultants at least two weeks before the meeting. I think the thought was that our time slot for next week, although the meeting is available, simply isn't going to work because no one has studied the THE MARKET PLACE 157 materials you've provided and they may not be consistent with what your plan has been revised to. So the target is the August work session, and if necessary we may schedule a special one because of vacation schedules, so it may be earlier in the month than it's currently scheduled but an early August consultants' meeting seems to be in order. I think if you heard that reaction from the Board, the next front you need to work on is with the consultants before you return back to the Board. The Board doesn't have a time slot for you until -- I don't remember what month you said. September anyway. CHAIRMAN EWASUTYN: Right. MR. DONNELLY: I think the August meeting with the consultants is probably where we can all roll up our sleeves and start working on these details. So that was I think what was discussed at the work session earlier. MR. HINES: What we would like to do also is give you a list of anything we feel outstanding prior, in the very near future, the next couple days or so, so your people can incorporate that into whatever we're getting - THE MARKET PLACE 158 MR. DONNELLY: Based upon what's been reviewed already, you're going to get consultants' memos from each of the consultants or one that's rolled into everybody's comments. MR. HINES: So we can get one complete set of plans that's hopefully complete and ready to go. MS. ARENT: I know there was one more thing that was of concern was the traffic coming into the new lifestyle center. That can be studied. That was a concern. MR. HINES: Things like that we're going to put in a comment letter to you quickly so we can discuss them with your consultants and get them worked out. You should be smiling, Mr. Wilder. CHAIRMAN EWASUTYN: Do you have something to say? MR. WILDER: I guess the question would be when in August would we have this -- when will we know when the consultants' meeting is? We have to look at our calendars and make sure that - MR. DONNELLY: The normal one would be THE MARKET PLACE 159 the fourth Tuesday. I think we started talking about some people having some vacation issues there. I don't know if Tuesday is the date we're wedded to but something earlier to that I think the idea was. MR. HINES: I think we'll get together tomorrow. Ed is away the third week, I'm away the fourth week. MR. WILDER: From our perspective the most critical person is you because I would say -- I'm just picking numbers -- seventy percent of the engineering is the engineer. Probably Karen is the person who has the next most input. The fact Ed is away, Bryant is here, he can fill in given that the SEQRA process is over. Bryant is more of what I call an overview at this point. The traffic is always, always worked out directly it seems like on the phone because it's traffic and it doesn't tend to overlap that much with some of the other stuff. I mean it's good when Ken is here but I was finding Ken and - MR. HINES: Phil. MR. WILDER: -- Phil Greeley seem to - traffic seems to have its own characteristics. THE MARKET PLACE 160 It overlaps but it doesn't overlap as much as Karen's stuff with your stuff. MR. DONNELLY: The third week might work anyway. MR. O'DONNELL: The first step in this process would be our commitment to him to give him the list. When are we going to do that? After we give it to him, then he has to have time to digest it, revise his plans, give them to us and then in two weeks we can have a consultants' meeting. MR. WILDER: We don't have the luxury of digestion. We don't. When you give it to us we just try to do the best we can as fast as we can. You're right. MR. O'DONNELL: Sometimes it looks that way. MR. WILDER: You're correct. I think that just so you know, on the Cosco building, just to put this in perspective, all we really did was take the gas station and move it to the back where frankly, as I think you knew, we wanted to put it a year-and-a-half ago and Cosco fought us for a year-and-a-half. Now they THE MARKET PLACE 161 stopped fighting us. All that grading doesn't change dramatically from an engineer's point of view. Really we finished the grading, just so you know, in anticipation that the Board was going to look at it positively. We've already done that. That grading is done. We could deliver the grading to Cosco tomorrow. With respect to the lifestyle center component, which is really the southerly piece of it because the northerly piece didn't change at all. It's really that southerly section. To the extent we get some direction on that, just that southerly piece, I think we can -- we've already started grading it out on the theory that it's pretty well graded anyway. We just have to move buildings in. We're going to be ready probably by the end of next week to submit back to the Board. MR. DONNELLY: Back to Ed's question. When are our consultants going to get their memos out? MR. O'DONNELL: I like to put timing on this so I can feel warm and comfortable that we're getting close to having a finished product THE MARKET PLACE 162 here. I mean is it next week that we send them this? MR. WILDER: By lunch tomorrow will be fine. MR. O'DONNELL: I'm going to write it down. MR. HINES: I'm leaving Wednesday. MR. O'DONNELL: So by - MR. HINES: I'll have to have it done. MR. COCKS: I'll put it all together whenever they get it. MR. O'DONNELL: By July 27th they have it in hand. MR. WILDER: We should be able - unless the comments are substantive. We're anticipating the comments already because of the time we spent. MR. O'DONNELL: When do you want to send it back? MR. WILDER: We'll have it back a week after - MR. O'DONNELL: You get it. MR. WILDER: -- we get it. MR. DONNELLY: That's August 3rd. THE MARKET PLACE 163 MR. O'DONNELL: That fits into the schedule of a consultants' meeting now. MR. DONNELLY: Two weeks later is the Friday of the third week. That's the 17th. MR. WILDER: If there's some two-week time period we need to get it back by -MR. O'DONNELL: I would think these dates here are the end dates. I mean if you can do it sooner than that, do it. MR. WILDER: From our perspective the other part is, and John and I have had these conversations before, is that because of the way the Planning Board is always so busy with so many projects - MR. O'DONNELL: We only had eleven items on the agenda tonight. MR. WILDER: I know that. We want to make sure it's hopeful that we can get on an agenda now so - CHAIRMAN EWASUTYN: I would like to say yes to that, and mentally I was prepared to ask the Board to consider the last meeting in August, but unfortunately what happened was we incorrectly noticed the Driscoll public hearing THE MARKET PLACE 164 on a 107-lot SEQRA process so we have to re-enter into that public hearing the last meeting in August. I don't imagine that this Board would want to go through what was a three-and-a-half hour public hearing which we'd do again because of it being improperly noticed to then come forward with The Market Place. MR. WILDER: I can understand that. The question really is -- the question I don't know when the first meeting in September is. CHAIRMAN EWASUTYN: The next available meeting more than likely won't be until -- we have currently right now five public hearings scheduled for the 6th of September. I don't imagine it happening on the 6th of September. It won't be until the 20th of September. MR. WILDER: Which is - CHAIRMAN EWASUTYN: That was because of the re-noticing of this Driscoll that set me back by a month. MR. WILDER: I mean we have to take what's handed to us but to have to wait three months, from June to September, because of the nature of the beast is tough. I mean it's tough THE MARKET PLACE 165 in that this Board works -- this Board is actually very well run. I can't believe you had ten things on the agenda and you're done at 9:00. I've been to places where it's 11:30 at night. You guys are incredibly organized in how you run your meetings. The difference is that -- like I was in upper Nyack last night after two and-a-half years and -- you know, I have what they call season seats. MR. GALLI: We have them here for you too. MR. WILDER: I have my name on the seat. Every month I'm on until I finish. Now I'm a month away from finishing. The problem is just the nature of how you operate that you can't have a place holder and it's just - MR. DONNELLY: If every project was on every month we would be here until 3:00 in the morning. MR. WILDER: You got through ten. That's impressive. CHAIRMAN EWASUTYN: We'll try our best. MR. WILDER: Try the best. Does anybody drop off or it doesn't work that way? THE MARKET PLACE 166 CHAIRMAN EWASUTYN: Does somebody drop off? MR. GALLI: The biggest thing you can could do to keep things rolling is just have things ready that they actually want. This next consultants' meeting is big for you. Have the drainage and the stuff that Pat needs, that's seventy percent of it, because if that's right and on line and perfect to where it has to be, then as you know the next step moves quicker. If it's not right it puts you off another - MR. WILDER: Just so you know, and I don't want to play engineer although I do it most of the time, is that the engineering for this project will not change. Moving the gas station from point A to point B - MR. GALLI: I'm talking about the drainage and stuff like that. A lot of stuff is in place. The biggest part is the drainage, and you can't get that going until you know where the buildings are going to be. Now that you have all that done, what Pat asked for is seventy percent, just make sure it's proper. MR. WILDER: It's mostly rims and THE MARKET PLACE 167 inverts. All the drainage is still the same area we're draining. It's been approved by the DEC. We just have to get if a rim goes up or a rim goes down. We understand what we need to do and if there's anything better you can do than September 14th or whatever it is, we would appreciate it. If you can't, we understand you can't. MR. O'DONNELL: There's something we didn't speak about that we did talk about in the work session was the other items that are needed to be closed. MR. HINES: Those are the things we're going to put in our memo. An example of that was - MR. O'DONNELL: These are the things that are going to be part of the public hearing. We're not going to hear about drainage, we're going to hear about the environmental issues, the turtles, the frogs. MR. WILDER: The environmental issues have been completed. The fact that the mall wants to file an Article 78 - MR. DONNELLY: Follow up on the THE MARKET PLACE 168 Findings. MR. HINES: Follow-up studies that have been accomplished but the Board hasn't seen the reports. Dr. Shuster and your biologist went out and did some follow-up amphibian studies. There should be closeout of that. That's going to be in our memo to you. We're waiting for this. I think we need to close that out. There was I think the issue with the Indiana Bat. If we can get a final -- put that to bed. MR. WILDER: You can never get the Indiana Bat to bed. The problem really is now I think next week we have a guy coming from Pennsylvania who is an Indiana Bat specialist and he's going to - MR. O'DONNELL: That's exactly -- those issues need to be a part of that closure. It's just not technical issues. MR. WILDER: You're right. I think your point is well taken. Let's really have a comprehensive list and then make sure we put Wilder's feet to the fire on that list and get it done. MR. O'DONNELL: I think we're all THE MARKET PLACE 169 committed to having this project be successful but it only can be successful if we get everything done. Everything. MR. WILDER: Was there something else on a retaining wall that I saw? I thought I saw that on some - CHAIRMAN EWASUTYN: Cliff Browne in his travels, and Frank Galli can speak to it also as far as his travels in Arizona. Frank. MR. GALLI: What Cliff Browne did is during his travels, and I've seen it in Arizona, Scottsdale in Phoenix alongside areas when they build these walls like you see in Jersey, solid concrete walls, these barriers, they have designs built into them. Cliff just mentioned to the Board when he was on his travels he saw one of these designs that looked really nice and he just mentioned about if they had to build a real large stonewall along the 84 corridor, instead of it being a plain stonewall it could have a design to make it look - MR. WILDER: So you know, if you're talking about the Arizona area, usually those THE MARKET PLACE 170 mostly are sound barrier walls as opposed to structural. They do what they call tilt-up construction. Basically they pour -- they have a form, they pour it on the ground like you pour a slab and literally tip it up. That's different than what I'll call a retaining wall. You're talking more like a sound barrier wall. MR. GALLI: It was just an idea. MR. HINES: I think the large wall has been eliminated by moving the gas station. MR. WILDER: The only walls we have left, there's a wall behind J.C. Penney which is over on the 84 side that faces 84 and that goes from like fifteen feet at the highest point to zero on either end because all walls end up going to zero pretty much. On the other wall we have the sound barrier which is a sound barrier which goes between the homes on - MR. GALLI: Highland. MR. WILDER: -- Hillcrest. CHAIRMAN EWASUTYN: What's it called? Hillcrest. MR. WILDER: We have that. Then there's the wall, the sound barrier wall coming THE MARKET PLACE 171 in off 52 by those homes over by Brookside. That's the sound wall. CHAIRMAN EWASUTYN: You answered your own question. That's what it was about. MR. WILDER: One other comment. We're going to start to come in for architectural review at the same time. CHAIRMAN EWASUTYN: I think during the work session you can begin discussing that. MR. WILDER: We should have stuff by then. Thanks. MR. GALLI: Thank you. (Time noted: 9:28 p.m.) 172 C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007 1 173 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 DRISCOLL SUBDIVISION 6 (2005-46) 7 CONTINUATION OF PUBLIC HEARING 8 9 - - - - - - - - - - - - - - - - - - - - - - - - - X BOARD BUSINESS 11 12 13 Date: July 19, 2007Time: 9:28 p.m. Place: Town of NewburghTown Hall 1496 Route 300 14 Newburgh, NY 12550 16 BOARD MEMBERS: JOHN P. EWASUTYN, ChairmanFRANK S. GALLI KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 19 ALSO PRESENT: DINA HAINES MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES 21 KAREN ARENT 22 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 DRISCOLL SUBDIVISION 174 CHAIRMAN EWASUTYN: Mike, the last thing before we close, who is going to do the follow up on the noticing for the Driscoll application? MR. DONNELLY: I asked Ross to send me a copy of the last hearing notice and I would work with him and then I'll give it to Dina. It doesn't have to be mailed, it just has to go to the Environmental Notice Bulletin and run in the newspaper. It should be limited to SEQRA only because there's no reason to re-open the subdivision part of the hearing. I don't know the public will appreciate the difference. I think we should include within the notice a statement that public hearings or a public hearing has already been held on this project. This additional hearing has been scheduled for the purpose of complying with the notice provision - MR. HINES: Procedural matters. CHAIRMAN EWASUTYN: This is important. I want to stick with this because Dina is going to be working with Mike on this. Let's stay focused on this. DRISCOLL SUBDIVISION 175 MR. DONNELLY: I will get the notice to Dina. I spoke to Ross on the phone today and he's going to e-mail it to me tomorrow. CHAIRMAN EWASUTYN: Work with Ross and everyone so we know to set the right time and place. Anything else? (No response.) CHAIRMAN EWASUTYN: I'll move for a motion that we close the Planning Board work session of July 19th. MR. MENNERICH: So moved. CHAIRMAN EWASUTYN: I have a motion by Ken Mennerich. MR. PROFACI: Second. CHAIRMAN EWASUTYN: A second by Joe Profaci. Roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. DRISCOLL SUBDIVISION 176 (Time noted: 9:30 p.m.) C E R T I F I C A T I O N I, Michelle Conero, a Shorthand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same to the best of my knowledge and belief. DATED: August 6, 2007