1 2 3 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 4 ------------------------------------------X In the Matter of 5 6 7 NYC DEP Delaware Aqueduct Repair (2011-15) 8 ------------------------------------------X 9 DATE: August 4, 2016 TIME: 7:00 p.m 10 PLACE: Town of Newburgh Town Hall 11 1496 Route 300 Newburgh, NY 12550 12 13 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 14 KENNETH MENNERICH DAVID DOMINICK 15 JOHN A. WARD 16 17 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 18 GERALD CANFIELD 19 20 APPLICANT'S REP. DAN MICHAUD GEORGE SCHMITT 21 LEIF STEPAKOFF LARS COOLEY 22 CHRISTOPHER HARRISON 23 -------------------------------------------X 24 MICHELLE L. CONERO 10 Westview Drive 25 Wallkill, New York 12589 2 2 CHAIRMAN EWASUTYN: Good evening 3 ladies and gentlemen. I'd liked to 4 welcome you to the Town Planning Board 5 Meeting, the Fourth of August. At this 6 time I'd like to call the meeting to 7 order with a roll call vote. 8 MR. GALLI: Present. 9 MR. MENNERICH: Present. 10 CHAIRMAN EWASUTYN: Present. 11 MR. DOMINICK: Present. 12 MR. WARD: Present. 13 CHAIRMAN EWASUTYN: With us 14 tonight we have our consultants who 15 will introduce themselves. 16 MR. DONNELLY: Michael Donnelly, 17 Planning Board Attorney. 18 MR. CANFIELD: Jerry Canfield, 19 Code Compliance Supervisor, Town of 20 Newburgh. 21 MR. HINES: Pat Hines with McGoey, 22 Hauser and Edsall, Consulting 23 Engineers. 24 CHAIRMAN EWASUTYN: Please rise 25 for the pledge. 3 2 (Pledge of Allegiance.) 3 MR. MENNERICH: Please put your 4 cell phones on vibrate or turn them off 5 please. 6 CHAIRMAN EWASUTYN: This evening's 7 agenda we have five items. The first 8 item is the New York City DEP Delaware 9 Aqueduct Repair. It's known as the 10 Roundout West Branch Demo and it's 11 being represented by the DEP. 12 Gentlemen. 13 MR. MICHAUD: Good evening. Thank 14 you. My name is Dan Michaud with the 15 Bureau of Water Supply. Here tonight 16 is George Schmitt, Leif Stepakoff, Lars 17 Cooley and Chris Harrison. We are here 18 tonight to appear as a follow up to our 19 June 16th appearance where we 20 introduced some proposed minor changes 21 to our site plan. And I would like to 22 introduce here Leif to walk you 23 through, to walk us through that 24 tonight and open it for any discussion 25 and questions. Thank you. 4 2 MR. STEPAKOFF: I have some boards 3 that are actually the same attachments 4 to the package that we delivered today. 5 We again apologize for delivering it so 6 late. Please look at this as just a 7 presentation of the information that is 8 in there. We would be willing to meet 9 another time if it's required. 10 Again, this an ariel view of the 11 site. This is recent, showing the work 12 that is being currently done by the BT2 13 contractor, who will be doing the 14 tunnel. The BT1 contractor who did the 15 shafts on both sides here in Newburgh 16 and then over on the other side, in the 17 Fishkill area, is in Wappingers. 18 That's right, the Town of Wappingers. 19 So, the work that was done previously 20 in the shaft is right over here. You 21 can see the Delaware Aqueduct running 22 through the site. So the shaft work 23 and all of the site work preparation 24 work was done under the BT1 contractor 25 under a previous site approval. With 5 2 BT2 coming in, there is additional work 3 on the Bell property here. So this 4 area is set aside for the water 5 treatment, for the water coming out of 6 the tunnel, and also for the placement 7 of the tunnel muck in order to get the 8 trucks off the roads. The DEP decided 9 to buy the adjoining property and then 10 all of the tunnel muck, which is about 11 230,000 cubic yards of blasted rock or 12 actually rock from a tunnel boring 13 machine and blasted rock from a bell 14 out, will be placed on this site and 15 then restored at the end of the 16 project. 17 So, this an original contract 18 drawing that was originally approved by 19 the Town for original site plan 20 approval showing the Bell property. 21 The shaft is in this location here. 22 This is the BT1 area that was done by 23 the previous contractor. So, what it 24 shows is the proposed location of a 25 couple of treatment plants up on the 6 2 top of the site and then all of the 3 drainage that was current at the time. 4 The detention pond and then all of the 5 drainage structures going into the 6 detention pond there. Showing a top 7 soil pile in the middle of the site, 8 where all of the top soil would be 9 stripped while the grading is done, and 10 then the treatment facility, which 11 would be in this structure here with 12 those two ponds. It was always the 13 intent of the contract, as it was 14 written, for the contractor, for him to 15 do his own design of the treatment 16 facility. So, this was only proposed 17 for the area so the contractor knew 18 where the work was going to be done. 19 The contractor would have to come in 20 with his own design, which he has. So 21 this, right here, to a similar scale 22 shows what the contractor is proposing 23 on doing on the site grading. So 24 basically the sweep remains the same. 25 The detention pond is in the same area. 7 2 We included though a change in 3 contractor because the final sweep was 4 approved by the MS4 after the contract 5 was bid. Additional drainage 6 structures in this area. 7 So, as shown in the attachment to 8 the package there, I'll run through the 9 separate items that have changed 10 between the original plan that was 11 approved by the Board and the current 12 plan that we are proposing right now to 13 be approved. 14 One is the treatment ponds up top. 15 Instead of two large treatment ponds, 16 we have three smaller ones. And I will 17 show later on a layout of how the 18 treatment will be done. That is in 19 another attachment. So, item one is 20 the change in the treatment ponds. 21 Item two, originally the top soil 22 pile, was in the middle of the site. 23 The contractor requested to move the 24 topsoil to the side locations so it 25 gives them more storage area on the 8 2 site. And it also, over here, we had 3 them put it on a mound so it will be 4 noise abatement to prevent the noise 5 from leaving the shaft area and the 6 muck area and going up to the property 7 owners up on top. So, item two is the 8 two areas of where the topsoil pile is 9 placed. 10 Three is an enlarged storage area 11 for the sections that are coming. So, 12 we look back at the original drawing. 13 It's a very small area for storage. 14 Now there is a larger area for storage. 15 That's item three. 16 Item four is a slight change to 17 the roads because of the location of 18 the ponds coming up. There is a change 19 in the roadway here and then also in 20 this location. 21 And then item five. The change is 22 the new drainage structure that came 23 from the finalized sweep, which was 24 approved after the bid was done to this 25 contractor. 9 2 This is a detail from the 3 contractor's design of the treatment 4 area. So this shows the three ponds. 5 So the water will be pumped up from the 6 shaft, the bottom of the shaft at the 7 end of the tunnel, into the first pond 8 where it will be treated with a polymer 9 to drop out all of the suspended 10 solids. Then it will go down from this 11 pond down to the lower pond where it 12 will be treated with carbon dioxide 13 bubbled through to change the PH. The 14 PH from the tunnel will be reactively 15 high. This will neutralize the PH so 16 it's in compliance with the Speedy's 17 permit. This is the final holding pond 18 where it will be tested. If it doesn't 19 comply with suspended solids, oil, and 20 grease, and with the PH, it will be 21 pumped back to the original pond. If 22 it does match the Speedy's requirements 23 it will be allowed to drain through the 24 new force main out to the Hudson River, 25 which is currently being built. 10 2 This shows the layout of the site 3 from BT1. The ariel doesn't show the 4 Bell property that is cleared, that is 5 currently cleared, where the ponds are 6 being installed. Right here is the top 7 of the site. Here is the entrance road 8 off of 9W. The contractors trailers 9 are being placed in this location. I 10 have another layout drawing that shows 11 where they are being put. This is the 12 construction manager's office where 13 George and my offices are. The shaft 14 is right in this location. The 15 existing water treatment planter is 16 right here; and the sedimentation pump. 17 So all that remains the same. This 18 treatment plant will remain. This is 19 the BT1 treatment plan that has been 20 used for the last three years. It will 21 be remaining in place while we test the 22 new treatment facility and it will be 23 run in series with the new treatment 24 facility to make sure that we meet the 25 Speedy's permits on the new treatment 11 2 facility before it' taken out of 3 service and we move it. 4 One of the other changes from the 5 original site plan approval is the 6 layout of the trailers. So, this is 7 the construction manager's trailer that 8 was there previously, contractors 9 trailers that were there before. The 10 new contractor, Keywit, has a large 11 management group and is very attentive 12 to safety of the workers on the 13 project. They have may safety members, 14 safety representatives on the site. 15 These are their trailers going in here. 16 So, this was not in the original site 17 approval, but it's up on top and cannot 18 be seen from Route 9W. 19 There is also an area where New 20 York City has decided to put some 21 members of the Department of 22 Investigation for the City of New York 23 on our site, and there will be a 24 trailer here set up for them. So, both 25 the contractor has larger trailers than 12 2 what was shown originally and also a 3 new trailer with the Department of 4 Investigation on the site. 5 So this shows the layout of the 6 site. The shaft is here, head frame is 7 here. This is the pumping of the pipe 8 up to the treatment facility. The new 9 one that will be built on the Bell 10 property. 11 MR. HINES: The maintenance 12 building you are going to put in too? 13 MR. STEPAKOFF: The maintenance 14 building is right here. So this is the 15 location of the maintenance building, 16 which is currently being constructed. 17 So all of this will be removed at the 18 end of the project, when the site is 19 restored. The only thing left is the 20 shaft, and the shaft will be accessible 21 from a small entrance on the top. The 22 entire area will be revegetated. 23 MR. CANFIELD: Is that building 60 24 by 40? 25 MR. STEPAKOFF: Yes. It's like a 13 2 butler type of building -- steel frame, 3 clad, and insulated. 4 Another one of the changes is the 5 head frame. What was originally 6 thought -- it was left open to the 7 contractor on the type of head frame 8 that he would want to build on top of 9 the shaft. In one of the attachments 10 there is a photograph of the Lake Mead 11 project that my company Parsons is also 12 the construction manager on outside of 13 Las Vegas. There, the contractor, 14 which is a little bit more usual, is, 15 has a Gantry Crane for putting in the 16 larger sections and then send a boring 17 machine to the bottom, and then there's 18 a separate smaller hoist and head frame 19 for bringing people up and down, and 20 then smaller work items, and then the 21 muck also came on a conveyor on this 22 particular site. What the contractor 23 is proposing here is, rather than side 24 by side, to build one right on top of 25 the other because of limited space. 14 2 So here, down here it's going to 3 be 154 feet tall. The lower section 4 here is where the trucks are going to 5 pull in for the tunnel boring machine 6 that will be lifted off the truck and 7 then lowered down into the shaft. And 8 then up in here the tunnel muck would 9 also come up using the same structure. 10 The crane that we have on site now has 11 about 220 feet of boom. So it's 12 sitting probably around 200, 190 feet 13 high. So it's higher than this head 14 frame will be. 15 But in order to give an idea of 16 what it will look like on the site, 17 there was a rendering that was done by 18 the DEP here. So right now when you 19 are the front of the site -- the front 20 entrance -- you won't be able to see it 21 because of the trees and it's set back 22 a little bit. As you drive down 9W, as 23 I do everyday, you can see the crane 24 sitting up here. Here's the head frame 25 in the rendering, you will be able too 15 2 see it. So, that is what it will look 3 like. It will be smaller then what the 4 crane is there, but it will be a little 5 wider structure and it will be 6 stationary. It will be there until 7 around 2020, when we prepare for the 8 connection phase, and then it will be 9 removed. In order to build the access 10 chamber that goes on the top right, 11 before we do the connection, this head 12 frame has to be gone. So, it's being 13 constructed right now. It will be in 14 place probably from October, November 15 time period, until around 2020. Any 16 questions? 17 So, the package is there. There 18 is a bit more description in the 19 package. If you would like to read 20 through it and we will be available for 21 any questions that might come later on. 22 MR. DOMINICK: How far down are 23 you in the shaft and are you going 24 horizontally? 25 MR. STEPAKOFF: Right now we are 16 2 about 800 feet down in the shaft. The 3 BT1 contractor took it down that deep. 4 The BT2 contractor has not gone down 5 any further yet. Right now he's 6 changing shaft utilities and then he 7 will end up setting up his head frame. 8 Then he will go down another 40 feet 9 and then begin going horizontal. So 10 right now he is thinking of getting 11 back into the shaft the end of October 12 and he will be doing what's called the 13 bell out and the assembly chamber for 14 the tunnel boring machine, which will 15 involve blasting and grouting. It's a 16 drill and blast method. So, that work 17 will go on probably for about -- well, 18 the tunnel boring machine will come to 19 the site in February and be assembled, 20 some on site and some down at the 21 bottom. The drill and blast portion 22 for the bell out will be done in about 23 March of next year. And then after 24 that, the tunnel boring machine will be 25 assembled in the shaft down at the 17 2 bottom of the assembly chamber, and 3 then it will probably start moving 4 through the tunnel around July, August 5 of next year. About a year from now. 6 MR. DOMINICK: And how does that 7 put you with calendar dates and goals 8 and schedule? 9 MR. STEPAKOFF: We are actually 10 ahead of schedule by about a 130 days. 11 The contractor, based on the first 12 tunnel shut down for the, the possible 13 tunnel shut down to do connection, was 14 going to be in 2022. The contractor 15 has a very aggressive schedule and 16 would like to do it in 2021. So, 17 that's what he's shooting for. Right 18 now he has about 20 days of float in 19 order to make that schedule. So, we 20 think that's a little too aggressive. 21 We will see how he does throughout the 22 entire project. There is a long way to 23 go before the connection phase. So, 24 but he's a very good contractor out of 25 Omaha, Nebraska. They do very good 18 2 work in their planning and they have a 3 lot of people set up for their 4 supervision. We feel confident that 5 they will do a good job, but we don't 6 know if their aggressive schedule will 7 play out. They are good. They would 8 work very well with us. We had a good 9 relationship with them on the BT1 10 contract. They finished about two 11 months ahead of schedule on their work. 12 MR. WARD: Section three -- how 13 big are these concrete sections that 14 you are going to be taking down? 15 MR. STEPAKOFF: Each section is 5 16 feet long. It's the circumference of 17 the tunnel at the time. So the actual 18 tunnel boring machine will be 20 foot 19 diameter. The final tunnel section 20 will be 14 foot diameter. So it will 21 be 5 feet long and the outside diameter 22 will probably be about, it goes right 23 in and gets assembled by the tunnel 24 boring machine itself. So the outside 25 diameter is around 20 feet, a few 19 2 inches less, and they are about a foot 3 and a half thick. About 6 pounds. And 4 they get assembled by the tunnel boring 5 machine as they go by hydraulic arm; 6 and then the boring machine will push 7 off the concrete panels that they 8 install; and that's how it pushes 9 itself forward. 10 MR. WARD: Neat. 11 MR. STEPAKOFF: You guys are 12 welcome to come down and take a visit 13 when we do the assembly. 14 CHAIRMAN EWASUTYN: Comments? 15 MR. HINES: We had an opportunity 16 to discuss this at a technical work 17 session last month. We reviewed the 18 submittals. We had the opportunity to 19 review the submittals prior to what was 20 received. All the work is within the 21 original footprint. There is no 22 expansion of the project. I think this 23 is more to keep you up to date. We 24 don't have any technical concerns. We 25 reviewed the storm water pollution 20 2 prevention plan and its modifications 3 and those are acceptable. We will 4 amend the storm water authorization 5 that we received tonight as we move the 6 project forward, but we don't see any 7 significant concerns on site. 8 CHAIRMAN EWASUTYN: Gerry 9 Canfield. 10 MR. CANFIELD: I have nothing 11 outstanding. 12 CHAIRMAN EWASUTYN: Mike Donnelly. 13 MR. DONNELLY: None of the 14 structures require building permits 15 from the Town of Newburgh. That will 16 by handled by the City. The real 17 question is, do you feel any need to 18 amend the site plan or does this fall 19 into the general contour of it? If you 20 feel that, then there is no need for 21 them to return until they have other 22 changes and they can move forward. 23 CHAIRMAN EWASUTYN: And is that 24 what you advise the board? 25 MR. HINES: Being in the original 21 2 footprint, you are going to have 3 changes during construction. I think 4 the original site plan is okay and this 5 can be considered more of a field 6 construction phase modification. A lot 7 of it is left up to the contractors in 8 the bid. So the contractor has 9 developed his plan to meet the goals of 10 the project. 11 CHAIRMAN EWASUTYN: Okay, we'll 12 move for a motion from the board to 13 consider this a field conceptual 14 change. 15 MR. WARD: Motion. 16 MR. DOMINICK: Second. 17 CHAIRMAN EWASUTYN: I have a 18 motion from John Ward and a second by 19 Dave Dominick. Any discussion? I move 20 for a roll call. We will start with 21 Frank Galli. 22 MR. GALLI: Aye. 23 MR. MENNERICH: Aye. 24 CHAIRMAN EWASUTYN: Aye. 25 MR. DOMINICK: Aye. 22 2 MR. WARD: Aye. 3 MR. STEPAKOFF: Thank you very 4 much. 5 6 (Time noted: 7:25 p.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C E R T I F I C A T E 23 2 3 STATE OF NEW YORK ) : SS.: 4 COUNTY OF ORANGE ) 5 6 I, STACY ZAGON, a Notary Public for and 7 within the State of New York, do hereby 8 certify: 9 That hereinbefore set forth is a true 10 record of the proceedings. 11 I further certify that I am not related 12 to any of the parties to this action by 13 blood or by marriage and that I am in no way 14 interested in the outcome of this matter. 15 IN WITNESS WHEREOF, I have hereunto set 16 my hand this 4th day of August 2015. 17 18 _____________________________ 19 STACY ZAGON 20 21 22 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------------------------------------------X In the Matter of 4 5 6 LANDS OF TARBEN, INC. (2004-43) 7 8 Section 6, Block 19, Lot 19,21,110 9 ------------------------------------------X 10 DATE: August 4, 2016 TIME: 7:00 p.m 11 PLACE: Town of Newburgh Town Hall 12 1496 Route 300 Newburgh, NY 12550 13 14 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 15 KENNETH MENNERICH DAVID DOMINICK 16 JOHN A. WARD 17 18 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 19 GERALD CANFIELD 20 21 APPLICANT'S REP. KEN LYTLE 22 23 -------------------------------------------X 24 MICHELLE L. CONERO 10 Westview Drive 25 Wallkill, New York 12589 2 2 3 CHAIRMAN EWASUTYN: The second one 4 on the agenda this evening is the Lands 5 of Tarben, which is a subdivision, and 6 being represented by Ken Lytle of Zen 7 Design. 8 MR. LYTLE: Good evening. Last 9 time we were here we received 10 conditional final approval for a 19 lot 11 subdivision. At that point there, and 12 based on the cost of the road bond at 13 that point, we decided to go ahead and 14 build the road and build the 15 infrastructure. This has been 16 completed. During that process the 17 Town was out and the Town inspected it 18 and okayed it. Jim Osborne reduced the 19 bond based on what had been completed 20 already and it's at the final stage 21 now. We are about to come before you 22 to file the maps. A couple of property 23 changes, ownership changes, 24 unfortunately. The property along the 25 east side sold to somebody else. That 3 2 had to be removed from our project. 3 In doing so, we had to take lot 1 4 and lot 2 and combine, adjusting the 5 pond location; and lot 4 and 5 has a 6 minor adjustment, actually on the 7 property lines, keeping the septic 8 where they originally were, so the 9 Board of Health would be an easy 10 adjustment. There was a property along 11 the left side that actually Gus 12 Kaksakis had owned. Unfortunately, he 13 passed on and there was a lot line 14 change when these two properties were 15 combined. That's a very large lot, 16 almost a 30 acre lot off of the 17 subdivision, off of Preston Road? 18 MR. HINES: When you say that was 19 done, we didn't process a lot line 20 change. They were consolidated or 21 something? 22 MR. LYTLE: Yeah, there's a map, 23 actually 2008, 171 I believe is the map 24 number. 25 MR. DONNELLY: There was an 4 2 adjusted property line as part of the 3 subdivision approval. 4 MR. LYTLE: If you go to the rear 5 of the property, what we were planning 6 to do was taking some of Gus Kaksakis's 7 property and adding it to our property, 8 giving us lot configuration. Since 9 that has been taken out of the 10 equation, these three lots, which are 11 14, 15 and 16, have been combined into 12 one lot. And 12 and 13 again have been 13 combined into one lot. That sums up 14 our changes. I know Pat had a few 15 comments. Let's go over those, if 16 that's possible. 17 He had a couple of questions, 18 again about the storm water pond. 19 Basically, what we did was we held it 20 at the same elevation. It will be slid 21 over to the exact same elevation, hold 22 the same volumes, same capacity, same 23 everything. All of the infrastructure 24 pipes that have been in will not change 25 at all. 5 2 MR. HINES: We are just going to 3 need a letter from the design engineer 4 stating that the pond is as design. 5 MR. LYTLE: That's fine. And then 6 you mentioned the grading easements. 7 Originally when we did it, we didn't 8 have any grading easements. It was not 9 noted that we needed those. We can put 10 it on, very simple. 11 MR. HINES: Well, if the roadway 12 is going to be constructed, I'm looking 13 at my last comment, I think what we 14 should is more of an as built survey 15 showing what's there. Because we are 16 moving, the Board is really approving 17 what is out there now. If what's there 18 could be shown, I think that will 19 eliminate the need for the easements 20 because the road has been constructed. 21 Right now you are showing us what's 22 going to be constructed. But in 23 reality, since 2004 when this started, 24 the roadway has been built. 25 MR. LYTLE: And I guess our 6 2 question concerning that is, there is 3 already a provision in the road bond 4 that has been approved by the Town 5 Board and has been, when it's all said 6 and done. Because again, there is 7 still going to be construction going 8 on. We have not gotten to that final 9 stage yet, so we should do it at that 10 final point. We will do it. We can 11 show the easements proposed, as to 12 where they are supposed to be and where 13 they are, and put those in place now. 14 MR. HINES: If you want to put the 15 easements in place, that's fine too. 16 MR. LYTLE: I'd rather do it that 17 way, if that's possible. 18 The other question you had 19 regarding lot number 16 -- how we 20 combined 14, 15, and 16. Basically, 21 when we lose all this acreage, it comes 22 down to a 1.23 acre lot, just combined 23 into one lot instead of three, 24 unfortunately. 25 MR. HINES: Because it extended 7 2 out farther the other way? 3 MR. LYTLE: Exactly. 4 MR. HINES: When I read the 5 narrative, it said three lots were 6 combined and they are at the minimum 7 lot size. 8 MR. LYTLE: Right, and that's what 9 happened. We lost a lot of acreage 10 unfortunately by doing this? 11 You also mentioned a question 12 about the cul-de-sac. Before, we had 13 it planned to go all the way to the 14 land callus. We can't get across now 15 because that has been combined as 16 something else. So, we removed that to 17 this point. 18 MR. HINES: So, that former land 19 locked parcel, Mr. Kaksakis's parcel, 20 is no longer land locked because of the 21 lot line? 22 MR. LYTLE: Its been attached to a 23 previous one. Now it's a 30 acre 24 parcel. 25 MR. HINES: So this map should 8 2 probably show that lot line. 3 MR. LYTLE: This is actually one 4 parcel. 5 MR. HINES: Your map should show 6 that. 7 MR. LYTLE: This is the old map. 8 I brought it to make it as easy as 9 possible. I believe that pretty much 10 answers all of your questions. 11 MR. HINES: Yeah then, just to the 12 engineer certification, the storm, 13 because of the Health Department rules, 14 the storm drains were to be type casted 15 by (inaudible). 16 MR. LYTLE: It was installed and 17 inspected. We will provide that when 18 we get to that point. 19 MR. HINES: Well, you can include 20 that in the letter. That way we know 21 it's done. 22 MR. LYTLE: That's not a problem. 23 CHAIRMAN EWASUTYN: Any questions 24 from the Board members? 25 MR. GALLI: The 50 foot easement 9 2 off of the cul-de-sac, is that going to 3 the Lands of Kucheck? 4 MR. LYTLE: Yup. Part of an old 5 deed that has to be done. So, we were 6 planning on doing -- I had a comment or 7 a question -- if for any reason this 8 ever gets developed, we would 9 automatically divide these two 10 properties. So, what we had planned on 11 doing was bringing it right along the 12 property lines, right to the deed. 13 MR. WARD: That would be better. 14 MR. GALLI: So that would give him 15 the right to -- 16 MR. LYTLE: Still, has his access 17 point. So whatever he wants to do, 18 that is correct. 19 MR. GALLI: That's the only 20 question I have. 21 CHAIRMAN EWASUTYN: Ken Mennerich? 22 MR. MENNERICH: I have no 23 questions. 24 CHAIRMAN EWASUTYN: Dave Dominick? 25 MR. DOMINICK: No questions. 10 2 CHAIRMAN EWASUTYN: John Ward? 3 MR. WARD: No more questions. 4 CHAIRMAN EWASUTYN: Gerry 5 Canfield, any questions? 6 MR. CANFIELD: Just again, that 7 easement, the access that we are 8 talking about, that still goes through 9 the wetlands, correct? 10 MR. LYTLE: Yes. Nothing I can do 11 about that. There is a specific 12 location on the adjoining property that 13 we have to get to, unfortunately for 14 them. That is in the middle of the 15 wetlands. 16 MR. HINES: It also needs Orange 17 County Health Department approval. 18 MR. LYTLE: It has already been 19 submitted. They are waiting for your 20 okay on the plan layout out changes 21 before they give us the final okay. 22 MR. HINES: So your previous 23 Negdec would continue to be valid. 24 This project has less lots then the 19 25 there originally was, so no action is 11 2 needed there. And then it needs a 3 revised public hearing because of the 4 substitute change to the lot layouts. 5 MR. LYTLE: Now, can I ask the 6 Board if it's possible to waive the 7 public hearing because, again, we are 8 actually reducing it. 9 MR. DONNELLY: You can't. Unless 10 it's in substantial conformance with 11 the other plan, State Law mandates a 12 public hearing. 13 CHAIRMAN EWASUTYN: I'll move for 14 a motion to set this for a public 15 hearing on the first of September? 16 MR. GALLI: So moved. 17 MR. MENNERICH: Second. 18 CHAIRMAN EWASUTYN: I have a 19 motion by Frank Galli and a second by 20 Ken Mennerich. I will ask for a roll 21 call vote starting with Frank Galli. 22 MR. GALLI: Aye. 23 MR. MENNERICH: Aye. 24 MR. DOMINICK: Aye. 25 12 2 MR. WARD: Aye. 3 CHAIRMAN EWASUTYN: Aye. So you 4 will work with Pat Hines on the public 5 hearing. 6 MR. LYTLE: Great. Thank you very 7 much. 8 9 (Time noted 7:35 p.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 3 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 4 ------------------------------------------X In the Matter of 5 6 DIXON SUBDIVISION II (2014,15) 7 8 Section 8, Block 1, Lot 4.22 9 ------------------------------------------X 10 DATE: August 4, 2016 11 TIME: 7:00 p.m PLACE: Town of Newburgh 12 Town Hall 1496 Route 300 13 Newburgh, NY 12550 14 15 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD 18 19 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 20 GERALD CANFIELD 21 22 APPLICANT'S REP. CHARLES BROWN 23 -------------------------------------------X 24 MICHELLE L. CONERO 10 Westview Drive 25 Wallkill, New York 12589 2 2 3 CHAIRMAN EWASUTYN: The next item 4 on the agenda, we have a public hearing 5 for the Dixon Subdivision. It's 6 located on 85 Forest Lane. It's being 7 represented by Charles Brown of Talcott 8 Engineering. I'll ask Mr. Mennerich to 9 read the notice of hearing. 10 MR. MENNERICH: Notice of Hearing, 11 Town of Newburgh Planning Board. Please 12 take notice that the Planning Board of 13 the Town of Newburgh, Orange County, 14 New York will hold a public hearing 15 pursuant to section 276 of the Town Law 16 on the application of Dixon II 17 subdivision project 2014-15. For a two 18 lot single family residential 19 subdivision located at 85 Forest Road, 20 County Route 23. The site is a 6.84 21 acre parcel in the AR zoning district. 22 The site is designated on town tax maps 23 as section 3, block 1, lot 103.31. The 24 project has been granted a waiver for 25 three houses on a common driveway. 3 2 Lots will be served by individual 3 on-site wells and subsurface sanitary 4 sewer disposal systems. The public 5 hearing will be held on the 4th day of 6 August 2016 at the Town Hall meeting 7 room, 1496 Route 300, Newburgh, New 8 York at 7 p.m., at which time all 9 interested persons will be given an 10 opportunity to be heard, by order of 11 the Town of Newburgh Planning Board, 12 John P. Ewasutyn, Chairman, Town of 13 Newburgh Planning Board, dated 13th of 14 July 2016. Thank you. 15 MR. BROWN: Thank you. This is an 16 existing single family residence that 17 is owned and is the primary residence 18 of the applicant. Our proposal is to 19 cut off a roughly two and a half acre 20 parcel in the back to create one more 21 building lot for a single family 22 residence. The back lot contains 23 wetlands. Both lots will be serviced 24 by wells and septics and access will be 25 a common driveway. The common driveway 4 2 also services another existing house, 3 which is why we have to go through the 4 Town Board for a waiver, 3 houses with 5 a common driveway. Both lots meet all 6 zoning requirements. 7 CHAIRMAN EWASUTYN: At this time 8 we would like to open the meeting for 9 public comment. If you raise your hand 10 and give your name and address please. 11 MS. LAMB: My name is Jeanette 12 Lamb. I live at 89 Forest Road, so I 13 share the property with the subdivision 14 and for the record I want to state that 15 we have no opposition whatsoever to the 16 property subdivision. We are working 17 out some of the details regarding the 18 driveway because there is some changes 19 made to the driveway. We have been in 20 contact with Mr. Brown's office and 21 they agreed to add to the map the 22 easement area that is going to be 23 released once the driveways are 24 revised. And that's been in agreement, 25 so that is part of our easement 5 2 agreement that we already have in 3 process. And then we asked for a 4 signature on map before final approval. 5 CHAIRMAN EWASUTYN: For the 6 benefit of the Planning Board members, 7 can you just, with your pen or 8 something, outline what Jeanette is 9 saying? 10 MR. BROWN: The common driveway 11 right now follows -- it's not entirely 12 on Percy's lot. It's mostly on 13 Jeanette's lot. The proposal is to 14 create a new driveway on the common lot 15 line, between the two new lots or the 16 lots being subdivided, and break off 17 Jeanette's driveway at the first bend 18 there. So, her driveway would come off 19 of there. This other driveway would 20 continue to the back and serve the two 21 lots. And the areas that are black top 22 now, or gravel, being used as a 23 driveway now, would be topsoiled and 24 seeded and restored to a vegetative 25 state. So the shared portion for the 6 2 three driveways is about 208 feet. 3 Whereas originally the shared portion 4 between Jeanette and Percy is closer to 5 400 feet. So the shared portion for 6 three is going to be about half of the 7 length of what was the shared portion 8 for the original two. 9 CHAIRMAN EWASUTYN: Is that your 10 understanding? 11 MS. LAMB: Yes. 12 MR. DONNELLY: Charlie, I had 13 earlier been provided with a copy of 14 the common driveway easement abatement 15 agreement. I take it that now changed 16 and I should see the new one? 17 MR. BROWN: That's my 18 understanding. That's the most current 19 one that you have. 20 MR. DONNELLY: I have not looked 21 at it for quite some time. 22 MR. BROWN: I'll check into it and 23 verify it. 24 MR. DONNELLY: No. I have it in 25 here, but I was just wondering if it 7 2 changed based upon this agreement. 3 MR. BROWN: This was worked out 4 before the Town Board even reviewed the 5 three common driveway request. 6 MS. LAMB: That is the most 7 recent, but we do have a question in 8 with the lawyer regarding the utility 9 lines because the utility box will be 10 moved. As far as it stands right now, 11 that is the most recent agreement. 12 CHAIRMAN EWASUTYN: Gerry, does 13 there need be to be a name for the 14 common driveway? 15 MR. CANFIELD: Yes. 16 MR. BROWN: Actually, I forgot to 17 mention that. We had that before the 18 Town Board at the last meeting and it's 19 Percy's Place. They approved the name. 20 MR. CANFIELD: What was it 21 Charlie? 22 MR. BROWN: Percy's Place. We 23 wanted Dixon, but that was already 24 taken and his second option was close 25 to something else so -- 8 2 MS. LAMB: Does that require 3 address changes for all three lots? 4 MR. BROWN: Yes. Because of the 5 911. 6 MS. LAMB: So, I will be having a 7 new address then? 8 MR. BROWN: Right. 9 CHAIRMAN EWASUTYN: Pat Hines? 10 MR. HINES: We just have some 11 comments from the July 7th meeting. 12 That there are certain portions of the 13 driveway that are to be abandoned. We 14 just want them to be labeled that they 15 are going to be planted and 16 revegetated. Those areas that are 17 currently accessing Ms. Lamb's lot that 18 are going to be dug up and removed. 19 So, we just want it noted that they are 20 to be revegetated and reseeded. Common 21 driveway access and maintenance 22 agreement we just talked about. We 23 mentioned that the Town Board did on 20 24 June allow three lots on the common 25 driveway. And just a reminder that a 9 2 conditional approval must be that the 3 well on lot 1 must be constructed to 4 the signing of the maps. The existing 5 well, which serves lot 1, the existing 6 Dixon residence is actually going to be 7 serving the new lot 2, which if this 8 map was filed would leave lot 1 without 9 a well. So that well needs to be 10 installed prior to signing the maps. 11 So all of the lots will have a water 12 supply. 13 MR. BROWN: Understood. 14 MR. HINES: And then the final 15 Orange County DPW approval -- they are, 16 the reason why this came back -- was 17 the County, we don't have a copy of the 18 driveway location yet. 19 MR. BROWN: It's been sitting over 20 there for over a month. They right now 21 only have one guy handling the County. 22 We talked to him today. He said it's 23 on the pile. He didn't get to it yet. 24 It's already gone through round review 25 with him. We addressed all of his 10 2 comment and requests, but we are still 3 waiting for him to sign off on it. 4 MR. HINES: All of those items 5 that I just addressed can be conditions 6 of approval. 7 CHAIRMAN EWASUTYN: Any further 8 questions or comments from the Board 9 members? Any further questions or 10 comments from the public? 11 I'll move for a motion to close 12 the public hearing on the Dixon 13 Subdivision located on Forest Road. 14 MR. MENNERICH: Move. 15 MR. WARD: Second. 16 CHAIRMAN EWASUTYN: A motion by 17 Ken Mennerich and a second by John 18 Ward. I'll ask for a roll call vote 19 starting with Frank Galli. 20 MR. GALLI: Aye. 21 MR. MENNERICH: Aye. 22 MR. DOMINICK: Aye. 23 MR. WARD: Aye. 24 CHAIRMAN EWASUTYN: Mike Donnelly, 25 would you give us conditions for final 11 2 approval for the Dixon subdivision? 3 MR. DONNELLY: I will. I just had 4 a couple of questions. This does not 5 require realty subdivision approval? 6 MR. BROWN: No. It did not. 7 MR. DONNELLY: Did this go to the 8 Zoning Board for something it might 9 have needed? 10 MR. BROWN: No. 11 MR. DONNELLY: And there are no 12 required security or inspection fees? 13 MR. BROWN: Correct. 14 MR. DONNELLY: The resolution is 15 for preliminary and final subdivision 16 and the conditions are: first, a sign 17 off letter from Pat Hines on the issues 18 raised on his July 5th, 2016 letter; 19 Orange County DPW approval; we will 20 note that the Town Board has granted 21 approval on three lots and a common 22 driveway; the common driveway easement 23 and abatement agreement will need to be 24 signed off on by me and I will double 25 check to make sure it's correct; the 12 2 construction of the well and the well 3 transfer must be completed before the 4 map is signed; and there is one new lot 5 created in the subdivision, which will 6 require a parkland fee in the amount of 7 $2,000. 8 CHAIRMAN EWASUTYN: Any questions 9 or comments from the Board members? I 10 move for a motion to close the hearing 11 on the preliminary and subdivision 12 approval for the land, the Dixon 13 subdivision, subject to the conditions 14 presented by Planning Board Attorney 15 Mike Donnelly. 16 MR. GALLI: So moved. 17 MR. DOMINICK: Second. 18 CHAIRMAN EWASUTYN: Motion by 19 Frank Galli. Second by Dave Dominick. 20 I'll ask for a roll call, starting with 21 Frank Galli. 22 MR. GALLI: Aye. 23 MR. MENNERICH: Aye. 24 CHAIRMAN EWASUTYN: Aye. 25 MR. DOMINICK: Aye. 13 2 MR. WARD: Aye. 3 4 (Time noted: 7:39 p.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------------------------------------------X In the Matter of 4 5 SARVIS LOT LINE CHANGE (2016-09) 6 7 1 Balmville Road & 2 Stein Drive Section 84; Block 2, Lot 1 & 2 8 R3 Zone 9 ------------------------------------------X 10 DATE: August 4, 2016 TIME: 7:00 p.m 11 PLACE: Town of Newburgh Town Hall 12 1496 Route 300 Newburgh, NY 12550 13 14 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 15 KENNETH MENNERICH DAVID DOMINICK 16 JOHN A. WARD 17 18 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 19 GERALD CANFIELD 20 21 APPLICANT'S REP. CHARLES BROWN 22 -------------------------------------------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 25 2 2 CHAIRMAN EWASUTYN: The fourth 3 item of business tonight is the Sarvis 4 lot line change, located on 1 Balmville 5 Road and 2 Stern Drive in an R-3 zone, 6 and again it's represented by Charles 7 Brown of Talcott Engineering. 8 MR. BROWN: Thank you. We have 9 not -- we have not made any update 10 since the last time we were before the 11 board. The board didn't declare lead 12 agency and Pat circulated that. It's 13 my understanding that we had no 14 responses, except for the Town. 15 As far as the County responses, we 16 did, I guess they didn't get a copy of 17 the application, but we do have the 18 proxy in there for the other property 19 owner, but we can provide that to the 20 County. As far as the last comment, 21 the existing driveway, that's the whole 22 purpose of this application. This 23 driveway was put in by Mr. Sarvis and 24 he does use it. So, as far as manning 25 the curb cut, that would make this 3 2 whole thing a moot point. So I leave 3 these comments in the hands of the 4 Board. The only other thing and I 5 talked to Mike before the meeting about 6 it, is how to go about dealing with the 7 City on this. And he suggested that I 8 go to a City Planning Board and just 9 get a letter from them deferring to 10 you, if they are willing to do that. 11 Again, this is a little new to me 12 because of the, again, the dual 13 municipalities and the procedure -- 20 14 something years I haven't encountered 15 this before. 16 MR. DONNELLY: We will need some 17 communication from the City and they 18 didn't respond to our letter. So, I 19 think you should pay them a visit. 20 CHAIRMAN EWASUTYN: Mike, would 21 you suggest at this time we declare 22 ourselves lead agency? 23 MR. DONNELLY: I think you did on 24 January -- 25 MR. HINES: No. We circulated. 4 2 MR. DONNELLY: I'm sorry. You're 3 right. That was notice of intent. 4 Yes, you should finalize it and also a 5 declaration of significance. 6 MR. HINES: As of close of 7 business today, the 30 days would have 8 lapsed. We have received nothing. 9 CHAIRMAN EWASUTYN: So, should we 10 go on record? 11 MR. DONNELLY: Yes. 12 CHAIRMAN EWASUTYN: I move for a 13 motion to put ourselves lead agency for 14 Sarvis LLC, lot line change, Balmville 15 Road. 16 MR. MENNERICH: Motion. 17 MR. WARD: Second. 18 CHAIRMAN EWASUTYN: Motion by Ken 19 Mennerich and a second by John Ward. 20 I'll ask for a roll call vote, starting 21 with Frank Galli. 22 MR. GALLI: Aye. 23 MR. MENNERICH: Aye. 24 MR. DOMINICK: Aye. 25 MR. WARD: Aye. 5 2 CHAIRMAN EWASUTYN: So, there is 3 no further action we can take. 4 MR. HINES: There is no new 5 construction for both. We're merely 6 changing the lot lines on this map and 7 filing it. We would recommend a 8 negative declaration. Now that you are 9 the lead agency you have the ability to 10 do that, which would allow you to 11 schedule a public hearing. 12 CHAIRMAN EWASUTYN: If it's a lot 13 line change, why would we have a public 14 hearing? 15 MR. HINES: You don't. It's 16 exempt. 17 CHAIRMAN EWASUTYN: So, under 18 seeker we can declare a negative 19 declaration, but we really can't take 20 action until we get a letter from the 21 City. 22 MR. HINES: Right. 23 CHAIRMAN EWASUTYN: Is the Board 24 in agreement with that? I move for a 25 motion to declare a negative 6 2 declaration for the Sarvis lot line 3 change. 4 MR. GALLI: So moved. 5 MR. MENNERICH: Second. 6 CHAIRMAN EWASUTYN: Motion by 7 Frank Galli. Second by Ken Mennerich. 8 I'll ask for a roll call vote, starting 9 with Frank Galli. 10 MR. GALLI: Aye. 11 MR. MENNERICH: Aye. 12 MR. DOMINICK: Aye. 13 MR. WARD: Aye. 14 MR. BROWN: Thank you very much. 15 On dealing with the County Planning, 16 how are you going to handle that? 17 MR. WARD: Well, they leave it up 18 to this Board here. 19 MR. DONNELLY: It's a local 20 determination. 21 MR. HINES: You may want to get a 22 written response. 23 MR. BROWN: Oh, that's fine. 24 MR. DONNELLY: Are you talking 25 about the DPW people? 7 2 MR. HINES: No. The County 3 Planning gave a couple of comments that 4 are on the record now. 5 MR. BROWN: DPW is not involved. 6 It's a State controlled road. Sure. 7 I'll prepare a response letter. Okay. 8 Thank you. 9 10 (Time noted: 7:47 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 3 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 4 ------------------------------------------X In the Matter of 5 6 MANN SUBDIVISION (2016-02) 7 8 545 Lake Side Road Section 28; Block 1; Lot 12.1 9 R1 Zone 10 ------------------------------------------X 11 DATE:August 4, 2016 TIME: 7:00 p.m 12 PLACE: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14 15 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD 18 19 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 20 GERALD CANFIELD 21 22 APPLICANT'S REP. JOHN STECKLE 23 -------------------------------------------X 24 MICHELLE L. CONERO 10 Westview Drive 25 Wallkill, New York 12589 2 2 3 CHAIRMAN EWASUTYN: The last and 4 5th item on this evening's agenda is 5 the Mann subdivision, located at 545 6 Lake Side Road and it is represented by 7 Maser Consulting. 8 MR. STECKLE: Ladies and gentlemen 9 and members of the Board, John Steckle 10 with Maser Consulting. Referring from 11 our original sketch submission back in 12 February, representing the applicant 13 and the owner of the property, Cecil 14 Mann. What we are proposing remains 15 exactly what the sketch plan was back 16 in February -- a four lot proposed 17 subdivision. One lot is the existing 18 dwelling. The Orange highlight 19 represents four subdivisions, the four 20 tax lots. The existing lot is the lot 21 to the north here, which remains, which 22 is the largest of the four lots. Based 23 on conversations with the highway 24 supervisor after our initial visit, we 25 have switched from the Town road to the 3 2 proposed private road. So, it's no 3 longer a right of way. It will be an 4 easement. Continue to plan to dedicate 5 the right of way, 25 foot right of way, 6 the current property was the center 7 property on Lake Side. So, we will be 8 updating that. So, we just advanced 9 the sketch plan to fully designed 10 engineering plans. We designed wells 11 and septics for the Health Department 12 and DEC. We prepared for roads control 13 only, as it's a single family home 14 subdivision with less then 25 percent 15 pervious. And that's about it. 16 CHAIRMAN EWASUTYN: I will turn it 17 over to Pat Hines for his comments. 18 MR. HINES: We need a survey 19 sheet. We don't have a stamp survey. 20 So we need that. 21 MR. STECKLE: We submitted one, 22 preliminary, as a separate sheet. 23 Should we just include that one? 24 MR. HINES: Yes. The capacity of 25 the 12 inch on Lake Side Road -- you 4 2 are putting about 300 feet of that 3 private road into that existing 12 inch 4 pipe. I want to make sure that is able 5 to convey that level. It doesn't -- 6 MR. STECKLE: There is only a 7 portion of the existing driveway that 8 does go there. I was going to wait 9 until you discuss the comments. I met 10 with Todd Depew earlier this week, just 11 about the drainage situation, because 12 when I initially spoke with him about 13 the private road, he said there is only 14 12 inch drainage out on Lake Side. So 15 I initially opened up the conversation 16 with him to propose drainage running 17 swails, east out to Lake Side, where we 18 catch and flare with an end section and 19 dumping them in catch basins on a 12 20 inch. I asked him if he would like it 21 to be up sized to a 15 or a larger pipe 22 because it, it all runs down to the 23 front entrance of the little league 24 fields and it upsizes to an 18 down 25 there. It opens up into an open swail 5 2 and he said the only thing he wanted to 3 see was sumps added to the proposed 4 list. We can provide the analysis. 5 MR. HINES: Yeah. We are going to 6 need that. We need to have that in the 7 record. We have just a comment on the 8 septic note that I need to get revised 9 and then you are proposing shallow 10 absorption trench systems when the soil 11 testing on the site doesn't identify 12 any living items, so I don't know why 13 you are having that. 14 MR. STECKLE: There can still be 15 clay characteristics. I believe we did 16 run a 24 inch test and the perths were 17 significantly slower, to a point where 18 the systems were much larger. I will 19 have to go back and look to our files. 20 MR. HINES: And then something 21 should be labeled if those are 12 inch 22 perths. Then they should label them as 23 so. There was no indication of what 24 the perth depths were. If you can 25 clean up those couple of items. And 6 2 then my comment on the private road. I 3 was under the impression that there was 4 double surface treatment required, but 5 it is not required there, so your 6 detail is appropriate the way you have 7 it. 8 CHAIRMAN EWASUTYN: In that 9 situation, that's fine. Jerry 10 Canfield, any comments or questions? 11 MR. CANFIELD: Just had a question 12 about the shallow absorption trench 13 system. Is that an alternative system? 14 MR. HINES: No. They are 15 considered conventional systems. 16 MR. CANFIELD: And then also, road 17 name needs to be approved by the Town 18 Board. 19 CHAIRMAN EWASUTYN: Comments by 20 Board members? 21 MR. GALLI: No. 22 MR. MENNERICH: No. 23 MR. DOMINICK: No. 24 MR. WARD: No. 25 CHAIRMAN EWASUTYN: Can we make a 7 2 determination now? 3 MR. HINES: Yes. We have no 4 significant environmental issues on the 5 project. We recommend a negative 6 declaration based on the information 7 submitted. 8 CHAIRMAN EWASUTYN: The motion 9 will have two parts to it. One will 10 declare a negative declaration for the 11 four lot subdivision for Mann, located 12 on Lake Side Road, and schedule the 13 first of September for a public 14 hearing. 15 MR. MENNERICH: Motion. 16 MR. WARD: Second. 17 CHAIRMAN EWASUTYN: Motion by Ken 18 Mennerich and second by John Ward. I 19 will call for a roll call vote, 20 starting with Frank Galli. 21 MR. GALLI: Aye. 22 MR. MENNERICH: Aye. 23 MR. DOMINICK: Aye. 24 MR. WARD: Aye. 25 CHAIRMAN EWASUTYN: John, you will 8 2 work with Pat Hines as far as the 3 public hearing? 4 MR. STECKLE: Yes, I will. 5 6 7 (Time noted: 7:50 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ORANGE 3 TOWN OF NEWBURGH PLANNING BOARD ------------------------------------------X 4 In the Matter of 5 6 ALL GRANITE & MARBLE CORP. (2011-14) 7 8 9 ------------------------------------------X 10 DATE:August 4, 2016 TIME: 7:00 p.m 11 PLACE: Town of Newburgh Town Hall 12 1496 Route 300 Newburgh, NY 12550 13 14 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 15 KENNETH MENNERICH DAVID DOMINICK 16 JOHN A. WARD 17 18 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 19 GERALD CANFIELD 20 21 22 -------------------------------------------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 25 2 2 CHAIRMAN EWASUTYN: We have a few 3 items to cover under Board business 4 tonight. The first one is All Granite 5 & Marble Corp. We received a request 6 for a one year extension of the site 7 approval from August 4th, 2016 to 8 August 4, 2017. How would the Board 9 like to move on that? 10 MR. GALLI: I'd like to make a 11 motion for 90 days. If it's not, if we 12 don't have an answer by then, they can 13 come in and explain. 14 MR. WARD: I second that motion. 15 MR. DONNELLY: That date would be 16 November 3rd. 17 CHAIRMAN EWASUTYN: I'll move for 18 a motion to declare a 90 day extension 19 for All Granite and Marble until the 20 third of November 2016, at which time 21 if the project has not received all the 22 necessary water agreements, then we 23 want the owner to come forward and 24 explain to us where they are in their 25 process. Michael, would you draft up a 3 2 letter and send it on to the attorney 3 who represents them? 4 MR. DONNELLY: Sure. 5 CHAIRMAN EWASUTYN: I just made 6 that motion. I'll move for a motion on 7 that? 8 MR. WARD: Motion. 9 MR. MENNERICH: Second. 10 CHAIRMAN EWASUTYN: Roll call. 11 Let's start with Frank Galli. 12 MR. GALLI: Aye. 13 MR. MENNERICH: Aye. 14 MR. DOMINICK: Aye. 15 MR. WARD: Aye. 16 17 (Time noted: 7:52 p.m.) 18 19 20 21 22 23 24 25 4 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------------------------------------------X In the Matter of 4 5 MEADOW HILL ROAD EXPANSION (2016-07) 6 7 8 ------------------------------------------X 9 DATE:August 4, 2016 TIME: 7:00 p.m 10 PLACE: Town of Newburgh Town Hall 11 1496 Route 300 Newburgh, NY 12550 12 13 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 14 KENNETH MENNERICH DAVID DOMINICK 15 JOHN A. WARD 16 17 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 18 GERALD CANFIELD 19 20 APPLICANT'S REP. NONE 21 -------------------------------------------X 22 MICHELLE L. CONERO 10 Westview Drive 23 Wallkill, New York 12589 24 25 2 2 CHAIRMAN EWASUTYN: The next item 3 we have that we discussed during our 4 work session is a field change for the 5 Meadow Hill Road expansion. I will have 6 Pat Hines speak on that. 7 MR. HINES: During the 8 construction of the property, with the 9 addition of the Berber parcel and the 10 two additional buildings on the site, 11 the grading plan has identified a 12 potential export from the site of 13 approximately 40,000 yards. The 14 applicant does not want to have to 15 export 40,000 yards. They are 16 redesigning the grading plan to raise 17 the structures on the site roughly 2 18 1/2 feet, each of the proposed 19 structures, as well as the 20 infrastructure associated with those, 21 to eliminate the need to have to export 22 the 40,000 cubic yards. I explained 23 those changes to the Board at the work 24 session and the applicant is requesting 25 that the plans be modified to change 3 2 the grading plan or to eliminate the 3 export of 40,000 yards and eliminate 4 the need to have the truck traffic out 5 on Meadow Hill Road. They will be 6 appearing in the near future to address 7 the entire site. They have a couple of 8 buildings under construction, so they 9 are looking for this to be addressed as 10 a field change, followed up with the 11 change to the entire plan set during 12 the expansion to 2016-07 project 13 because right now the buildings are 14 under construction are being held up 15 because of the grade change. 16 CHAIRMAN EWASUTYN: Jerry 17 Canfield, Code Supervision, are you in 18 agreement? 19 MR. CANFIELD: Yes. We have no 20 outstanding issues with that proposal. 21 CHAIRMAN EWASUTYN: Then I will 22 move for a motion to grant the field 23 change for Meadow Hill Road expansion 24 for the grade changes, subject to 25 whatever conditions Pat Hines may have. 4 2 MR. DOMINICK: Motion. 3 MR. WARD: Second. 4 CHAIRMAN EWASUTYN: Motion by Dave 5 Dominick and second by John ward. Any 6 discussion on the motion? Move for a 7 roll call, starting with Frank Galli. 8 MR. GALLI: Aye. 9 MR. MENNERICH: Aye. 10 CHAIRMAN EWASUTYN: Aye. 11 MR. DOMINICK: Aye. 12 MR. WARD: Aye. 13 14 (Time noted: 7:54 p.m.) 15 16 17 18 19 20 21 22 23 24 25 5 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------------------------------------------X In the Matter of 4 5 SUMMIT LANE (2015-18) 6 7 8 ------------------------------------------X 9 DATE:August 4, 2016 TIME: 7:00 p.m 10 PLACE: Town of Newburgh Town Hall 11 1496 Route 300 Newburgh, NY 12550 12 13 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 14 KENNETH MENNERICH DAVID DOMINICK 15 JOHN A. WARD 16 17 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 18 GERALD CANFIELD 19 20 APPLICANT'S REP. NONE 21 -------------------------------------------X 22 STACY ZAGON 13 Orr Hatch Drive 23 Cornwall, New York 12518 24 25 2 2 CHAIRMAN EWASUTYN: Okay. And 3 again the next one were field changes, 4 item number three is Summit Lane and 5 that was due to a building footprint 6 modification. Pat Hines. 7 MR. HINES: The plans for the 8 Summit Lane expansion project had a 9 different building footprint than the 10 buildings that are currently 11 constructed on the original project. 12 It appears to be a drafting error or an 13 oversight. At work session, I passed 14 out a colorized plan depicting in red 15 the outline the buildings on the 16 approved plan; and then a blue outline 17 with gray shading are the proposed 18 buildings that the building permits 19 that have been submitted for. The 20 proposed buildings now match the 21 existing structures on the project site 22 and the building layout. The buildings 23 proposed now are slightly smaller than 24 the footprints which were depicted on 25 the plan. So, we recommend that also 3 2 be considered a field change. 3 CHAIRMAN EWASUTYN: Jerry 4 Canfield, would you like to comment? 5 Are you in agreement? 6 MR. CANFIELD: Yes. I'm in 7 agreement, but I do believe we should 8 receive the correct plan to be included 9 in the plan set for the official 10 record. 11 AUDIENCE MEMBER: I think John 12 might have submitted that already, I 13 believe. 14 MR. HINES: No. I have only this 15 layout. 16 AUDIENCE MEMBER: Okay. So an 17 actual construction document. 18 CHAIRMAN EWASUTYN: I'll move for 19 a motion to grant a field change for 20 the building footprint modification, 21 subject to John, who will present an 22 actual plan showing that change. 23 MR. WARD: Motion. 24 MR. GALLI: Second. 25 CHAIRMAN EWASUTYN: A motion by 4 2 John Ward and a second by Frank Galli. 3 I will ask for a roll call vote, 4 starting with Frank Galli. 5 MR. GALLI: Aye. 6 MR. MENNERICH: Aye. 7 MR. DOMINICK: Aye. 8 MR. WARD: Aye. 9 10 (Time noted: 7:55 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------------------------------------------X In the Matter of 4 5 RESTAURANT DEPOT (2015-33) 6 7 8 ------------------------------------------X 9 DATE:August 4, 2016 TIME: 7:00 p.m 10 PLACE: Town of Newburgh Town Hall 11 1496 Route 300 Newburgh, NY 12550 12 13 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 14 KENNETH MENNERICH DAVID DOMINICK 15 JOHN A. WARD 16 17 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 18 GERALD CANFIELD 19 20 APPLICANT'S REP. NONE 21 -------------------------------------------X 22 MICHELLE L. CONERO 10 Westview Drive 23 Wallkill, New York 12589 24 25 2 2 CHAIRMAN EWASUTYN: And the last 3 field change that we will discuss 4 tonight is Restaurant Depot, and that 5 is a change in soil. 6 MR. HINES: Restaurant Depot, 7 which is under construction as well, 8 the contractor has requested to be 9 design engineer. A modification 10 changing the bio-retention areas on the 11 site. They are currently the filter 12 media is designed into a swails on the 13 site and the contractor has discussed 14 with the design engineer moving the 15 filters to the retention pond areas. 16 It's more of a construct-ability 17 change. The same volume and cubic feet 18 of filter will be provided in the area. 19 At work session, I handed out a 20 colorized map depicting the three 21 locations where the change, where the 22 filter media will be installed on the 23 site. The site will look and function 24 the same. A lay person would not 25 realize there was a change to the site. 3 2 We reviewed it with Barry Marshall's 3 office, the design engineer, over the 4 phone. He confirmed that the volumes 5 are provided in the different locations 6 and we recommend that as a field 7 change. 8 As this is the third field change 9 on the site, I discussed with Barry 10 Marshall that upon completion of the 11 project, an as built plan should be 12 submitted documenting the field changes 13 and conditions as built on the site. 14 CHAIRMAN EWASUTYN: Any questions 15 or comments from the Board members? 16 Okay. We will accept the field change 17 to the Restaurant Depot as designed. 18 Jerry Canfield, do you have anything? 19 MR. CANFIELD: Nothing. 20 MR. WARD: Motion. 21 MR. DOMINICK: Second. 22 CHAIRMAN EWASUTYN: Motion by John 23 Ward and second by Dave Dominick. I 24 will ask for a roll call vote, starting 25 with Frank Galli. 4 2 MR. GALLI: Aye. 3 MR. MENNERICH: Aye. 4 MR. DOMINICK: Aye. 5 MR. WARD: Aye. 6 CHAIRMAN EWASUTYN: I guess that's 7 really it. 8 9 (Time noted: 7:56 p.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25 1 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------------------------------------------X In the Matter of 4 5 McDONALD'S 6 7 1403 Union Avenue Route 300 8 9 ------------------------------------------X 10 DATE: August 4, 2016 TIME: 7:00 p.m 11 PLACE: Town of Newburgh Town Hall 12 1496 Route 300 Newburgh, NY 12550 13 14 BOARD MEMBERS: JOHN P. EWASUTYN FRANK GALLI 15 KENNETH MENNERICH DAVID DOMINICK 16 JOHN A. WARD 17 18 ALSO PRESENT: MICHAEL H. DONNELLY,ESQ. PATRICK HINES 19 GERALD CANFIELD 20 21 APPLICANT'S REP. NONE 22 -------------------------------------------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 25 2 2 MR. DOMINICK: Do we have the 3 McDonald's drive thru? 4 CHAIRMAN EWASUTYN: We will 5 memorialize the McDonald's drive thru 6 on Route 300. 7 MR. CANFIELD: Yes. The 8 McDonald's, located at 1403 Route 300 9 has submitted a plan to their drive 10 thru lane to expand additional lanes to 11 three vehicles. There will be no 12 visual disturbance to the site. It's 13 black top area currently. We have no 14 outstanding issues with this being 15 viewed as a field change. 16 CHAIRMAN EWASUTYN: Is there an 17 address associated with it? 18 MR. CANFIELD: 1403 Route 300. 19 CHAIRMAN EWASUTYN: I move for a 20 motion to accept the field change, with 21 additional lane area for drive thru for 22 McDonald's, located at 1403 Union 23 Avenue. 24 MR. GALLI: Motion. 25 MR. MENNERICH: Second. 3 2 CHAIRMAN EWASUTYN: David, are you 3 okay with that? 4 MR. DOMINICK: I did find in a 5 letter dated (inaudible) to the 6 Planning Board that they also are going 7 to shift the order of the windows. So, 8 I did find that Gerry. 9 MR. CANFIELD: But it will be 10 still two? 11 MR. DOMINICK: It says here, dated 12 5/22, from Mike Varga, we will not be 13 doing any demolition to the building. 14 We will be shifting the windows on the 15 side of the building, as well as making 16 drive-thru, as we discussed the lanes. 17 So, it doesn't say one or two. It says 18 order of the windows. 19 MR. CANFIELD: The plan depicts 20 two windows -- a pick up window and a 21 cash window, pick up window and a 22 payment window, which is currently what 23 they have, but they must be just 24 shifting them. 25 CHAIRMAN EWASUTYN: I will rescind 4 2 the motion and move to approve the 3 window change, the drive up window 4 change, and also the additional drive 5 out for the McDonald's located at 1403 6 Route 300. 7 MR. WARD: Motion. 8 CHAIRMAN EWASUTYN: Motion by John 9 Ward. 10 MR. GALLI: Second. 11 CHAIRMAN EWASUTYN: Second by 12 Frank Galli. Any further discussion? 13 I'll ask for a roll call vote, starting 14 with Frank Galli. 15 MR. GALLI: Aye. 16 MR. MENNERICH: Aye. 17 MR. DOMINICK: Aye. 18 MR. WARD: Aye. 19 CHAIRMAN EWASUTYN: Stacy, thank 20 you. I move for a motion to close the 21 Planning Board meeting on the 4th of 22 August. 23 MR. GALLI: So moved. 24 MR. MENNERICH: Second. 25 CHAIRMAN EWASUTYN: A motion by 5 2 Frank Galli and a second by Ken 3 Mennerich. I'll ask for a roll call 4 vote, starting with Frank. 5 MR. GALLI: Aye. 6 MR. MENNERICH: Aye. 7 MR. DOMINICK: Aye. 8 MR. WARD: Aye. 9 CHAIRMAN EWASUTYN: Thank you. 10 11 12 (Time noted: 7:59 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25 6 2 C E R T I F I C A T E 3 4 STATE OF NEW YORK ) : SS.: 5 COUNTY OF ORANGE ) 6 7 I, STACY ZAGON, a Notary Public for and 8 within the State of New York, do hereby 9 certify: 10 That hereinbefore set forth is a true 11 record of the proceedings. 12 I further certify that I am not related 13 to any of the parties to this action by 14 blood or by marriage and that I am in no way 15 interested in the outcome of this matter. 16 IN WITNESS WHEREOF, I have hereunto set 17 my hand this 4th day of August 2015. 18 19 _____________________________ 20 STACY ZAGON 21 22 23 24 25