11 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 LANDS OF PETER & PATRICIA SMITH (2005-04) 6 Cronk Road 7 Section 1; Block 1; Lot 10 AR Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 PUBLIC HEARING THREE-LOT SUBDIVISION 11 Date: August 16, 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 CLIFFORD C. BROWNE KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 22 APPLICANT'S REPRESENTATIVE: JAMES CLEARWATER 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 LANDS OF PETER & PATRICIA SMITH 2 CHAIRMAN EWASUTYN: Good evening, ladies and gentlemen. I would like to welcome you to the Town of Newburgh Planning Board meeting of the 16th of August. At this time we'll start with a roll call vote. MR. GALLI: Present. MR. BROWNE: Present. MR. MENNERICH: Present. MR. O'DONNELL: Present. MR. PROFACI: Here. CHAIRMAN EWASUTYN: Myself present. The Planning Board has experts that provide input and advice to the Planning Board in reaching various SEQRA determinations. I ask that they introduce themselves at this time. 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. MS. ARENT: Karen Arent, Landscape Architectural Consultant. LANDS OF PETER & PATRICIA SMITH 3 CHAIRMAN EWASUTYN: At this time I would like to turn the meeting over to Cliff Browne. MR. BROWNE: Please stand and salute the flag. (Pledge of Allegiance.) MR. BROWNE: Please turn off your cell phones and pagers and those sort of things. CHAIRMAN EWASUTYN: The first item of business we have this evening is the lands of Peter and Patricia Smith. It's a public hearing for a three-lot subdivision located on Cronk Road. It's in an AR Zone and it's being represented by Jim Clearwater. Ken Mennerich will read 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 lands of Peter and Patricia Smith for a three-lot subdivision on premises Cronk Road, tax map parcel Section 1; LANDS OF PETER & PATRICIA SMITH 4 Block 1; Lot 10. Said hearing will be held on the 16th day of August 2007 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 July 10, 2007." CHAIRMAN EWASUTYN: Dina Haines, would you report the mailing for us, please. MS. HAINES: The notice of hearing was published in The Sentinel on August 7th and in The Mid-Hudson Times on August 8th. The applicant's representative sent out thirteen registered letters, six were returned. The publications and mailings are all in order. CHAIRMAN EWASUTYN: Thank you. Before we turn the meeting over to Mr. Clearwater to give his presentation I'd like to refer to Mike Donnelly, the Planning Board Attorney, to explain to those in the audience the purpose of a public hearing. MR. DONNELLY: There are two public hearings on the agenda this evening, both of them LANDS OF PETER & PATRICIA SMITH 5 involve subdivisions. Subdivisions are proposals by an applicant to cut a piece of land into individual lots for the purpose of development or sale. The Planning Board holds a hearing on subdivisions before they take action in order to make sure that there are not issues that either the Consultants or the Planning Board Members have not noticed or discovered about a project. The Planning Board would invite your comment to bring to the Planning Board's attention issues it might not be aware of. After the presentation is made the Chairman will ask those who wish to speak to come forward. We would ask you if you could please stand and approach the Board Members and to address your comments to the Board, first telling us your name, spell it if you would for our Stenographer, and tell us your address so that we know where you are -- where you live in relation to the project. If you have questions, place them to the Board and the Board will direct them to the applicant's representative or the Consultants if it seems appropriate to attempt to answer those. CHAIRMAN EWASUTYN: Thank you. LANDS OF PETER & PATRICIA SMITH 6 Mr. Clearwater. MR. CLEARWATER: My name is James Clearwater, I'm a land surveyor with MJS Engineering and I'm here with the applicants, Mr. and Mrs. Peter Smith. The Smiths own a 5.6 acre parcel on the north side of Cronk Road which is where they live. They are proposing to divide it into three parcels. Lot number 1 will have an existing house on it and there will be two new single-family lots created. Of course in this section of the Town all residences are served by individual wells and septics, as is the case here. It's a straight forward subdivision. I believe we've already addressed the comments that the consultants had to date. We're hoping to answer whatever questions the public has and move this forward. CHAIRMAN EWASUTYN: Okay. At this point is there anyone here this evening who has public comment for the lands of Smith? (No response.) CHAIRMAN EWASUTYN: At this time I'll turn to our Consultants for their final comments LANDS OF PETER & PATRICIA SMITH 7 and recommendations to the Planning Board. Pat Hines, Drainage Consultant. MR. HINES: We reviewed the project with regard to the septics and wells and found them to be acceptable. There is both a flood plain and a DEC regulated stream on the site. The project has been designed with those in mind to avoid impacts to both the flood plain areas and the class A stream. We don't know why that stream is labeled class A, it's not tributary to a water supply, but the DEC does have it classified as that so they have designed the project to avoid that. With regard to the flood plain, they've provided us with a FEMA certification letter identifying the elevations of the flood plain on the site, and those have been depicted on the plans. We have no outstanding comments on it. CHAIRMAN EWASUTYN: Thank you. Bryant Cocks, Planning Consultant. MR. COCKS: We reviewed the project in regards to the zoning. All lots meet all zoning requirements and setback requirements. We referred this to the Orange County LANDS OF PETER & PATRICIA SMITH 8 Planning Department because it was on a County road and they had no comments. The applicant has addressed all our previous comments and we have no issues with this. CHAIRMAN EWASUTYN: Thank you, Bryant. Comments from Planning Board Members. Frank Galli? MR. GALLI: No additional. MR. BROWNE: Nothing. MR. MENNERICH: Nothing. MR. O'DONNELL: No. MR. PROFACI: No. CHAIRMAN EWASUTYN: Before I move for a motion to close the public hearing on the lands of Smith, is there anyone in the audience who would like to make a comment? (No response.) CHAIRMAN EWASUTYN: Okay. At this point I'm going to move for a motion to close the public hearing on the three-lot subdivision for the lands of Peter and Patricia Smith located on Cronk Road. MR. MENNERICH: So moved. LANDS OF PETER & PATRICIA SMITH 9 MR. O'DONNELL: Second. CHAIRMAN EWASUTYN: I have a motion by Ken Mennerich. 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. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Mike Donnelly, Planning Board Attorney, can you give us conditions of approval. MR. DONNELLY: There are a few. We'll make reference to the Zoning Board's variance that was granted. There's a requirement of the payment of parkland fees. CHAIRMAN EWASUTYN: Having heard the conditions of approval for the three-lot subdivision for the lands of Smith, I would move for that approval. LANDS OF PETER & PATRICIA SMITH 10 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. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: And myself. So carried. Mr. Clearwater, in the course of so many business days Mike Donnelly will prepare a formal resolution for this approval. You can reference that as far as your re-submittal for the signing of the plans. Those final plans will be brought to Bryant Cocks' office, he'll review those plans, he'll send a memo to the Planning Board office that they'll be ready for signature in which case whatever fees are associated with LANDS OF PETER & PATRICIA SMITH 11 the signing of those plans would be part of that final agreement for signature. MR. CLEARWATER: Okay, fine. Thank you very much. (Time noted: 7:08 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 27, 2007 1 12 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 WPA ACQUISITION (2007-17) 6 Jeanne Drive 7 Section 34; Block 2; Lot 67.23 Section 39; Block 1; Lot 3 8 IB Zone - - - - - - - - - - - - - - - - - - - - - - - - - X 9 PUBLIC HEARING TWO-LOT SUBDIVISION & LOT LINE CHANGE 11 Date: August 16, 2007 Time: 7:09 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 CLIFFORD C. BROWNE KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 22 APPLICANT'S REPRESENTATIVE: JAMES RAAB 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 WPA ACQUISITION 13 CHAIRMAN EWASUTYN: The next public hearing we have this evening is WPA Acquisition. It's a public hearing for a two-lot subdivision and lot line change located on Jeanne Drive, it's in an IB Zone and it's being represented by Jim Raab. Mr. Ken Mennerich will read 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 WPA Acquisitions for a two-lot subdivision on premises Jeanne Drive, tax map parcel Section 34; Block 2; Lot 67.23 and Section 39; Block 1; Lot 3. Said hearing will be held on the 16th day of August 2007 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 WPA ACQUISITION 14 July 10, 2007." CHAIRMAN EWASUTYN: Dina Haines, Planning Board Secretary, please. MS. HAINES: The notice of hearing was published in The Sentinel on August 7th and in The Mid-Hudson Times on August 8th. The applicant's representative send out twelve registered letters, eleven were returned. The publications and mailings are all in order. CHAIRMAN EWASUTYN: Thank you. Mr. Raab, would you give your presentation. MR. RAAB: Thank you, Mr. Chairman. This is approximately a 59-acre parcel that sits at the absolute end of Jeanne Drive, or actually what we call the Jeanne Drive Extension. It's going to be served by a fifty-foot wide right-of-way and common drive to the two lots that are proposed, lot number 1 which will be 6.67 acres and the remainder of the property, 38.44 acres, and also the access back out to Plattekill Turnpike over the Tom's Lane parcel. It's a fairly simple commercial subdivision. Anything that happens beyond this WPA ACQUISITION 15 will need further approval from the Planning Board as far as site plan goes. CHAIRMAN EWASUTYN: Thank you. Is there anyone here this evening who has any comments as far as the presentation Mr. Raab just made? (No response.) CHAIRMAN EWASUTYN: At this point I'll turn to our consultants for their final comments and recommendations. Pat Hines, Drainage Consultant. MR. HINES: We have no outstanding comments. Mr. Raab stated it's a commercial subdivision. Both lots are larger than 5 acres so the requirement that they show sewer and water is not there, however when they come back in with site plans that will be required. We have no outstanding comments. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. MR. COCKS: We also reviewed this project in regards to zoning and setbacks. Since there's no site plan to go along with it there are no requirements with that. WPA ACQUISITION 16 We referred it to the County Planning Department and they have no issues with it. We have nothing further. CHAIRMAN EWASUTYN: Okay. Frank Galli, Planning Board Member? MR. GALLI: No additional comment. MR. BROWNE: Nothing. MR. MENNERICH: No comment. MR. O'DONNELL: No comment. CHAIRMAN EWASUTYN: Is there anyone here this evening, before I move for a motion to close the public hearing, that has any comments or questions? (No response.) CHAIRMAN EWASUTYN: I'll move for a motion to close the public hearing for WPA Acquisition for a two-lot subdivision and lot line change on Jeanne Drive. MR. MENNERICH: So moved. MR. PROFACI: Second. CHAIRMAN EWASUTYN: I have a motion by Ken Mennerich. I have a second by Joe Profaci. Any discussion of the motion? (No response.) WPA ACQUISITION 17 CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Mike Donnelly, Planning Board Attorney, conditions for approval. MR. DONNELLY: I think there's only one and that is recitation of what Mr. Raab has already acknowledged, that is no construction of any kind can take place on the site unless and until site plan approval is granted. CHAIRMAN EWASUTYN: Having heard the conditions for approval, I would move for that motion. MR. PROFACI: So moved. CHAIRMAN EWASUTYN: I have a motion by Joe Profaci. MR. MENNERICH: Second. CHAIRMAN EWASUTYN: A second by Ken WPA ACQUISITION 18 Mennerich. Any discussion of the motion? (No response.) CHAIRMAN EWASUTYN: I'll move for a roll call vote for approval starting with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Nay. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Thank you. (Time noted: 7:12 p.m.) 19 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 27, 2007 1 20 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 PATRICK PAIGE STORAGE STOP II 6 (2006-49) 7 1613 Route 300 Section 34; Block 1; Lot 26.211 8 IB Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X CONCEPTUAL SITE PLAN 11 Date: August 16, 2007 Time: 7:13 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 CLIFFORD C. BROWNE KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 22 APPLICANT'S REPRESENTATIVE: JAMES RAAB 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 PATRICK PAIGE STORAGE STOP II 21 CHAIRMAN EWASUTYN: The following item of business this evening is Patrick Paige Storage Stop II. It's a site plan located in an IB Zone on Route 300. It's being represented by Jim Raab. MR. RAAB: Thank you, Mr. Chairman. There was about five or six comments besides the fact that we needed to finalize SEQRA to bring this to a head. I believe we've addressed all of Pat's comments, all of Bryant's comments even though for some reason he didn't get a set of plans. Karen, she had some more comments. We have no problems with Karen's comments at all. As far as I can see, I think we're ready to move on with this. CHAIRMAN EWASUTYN: Okay. Pat Hines, Drainage Consultant. MR. HINES: We reviewed a drainage report for the site. It is a re-development site. The requirements have been met. There's a new detention pond proposed as well as some other best management practices, a Vortex unit in the rear of the site for sediment control, new parking, water use from the site, the septic PATRICK PAIGE STORAGE STOP II 22 system has been shown. The anticipated hydraulic loading to that will be less for the storage facility than the warehouse facility that it was before, so the septic system is adequate. We just had a comment that the fire flow line is not set up per current Town code but it's an existing condition and should be able to remain. There is a potable water line and separate fire flow line. If it was constructed today they would have to be the same line. It's an existing condition so it can remain. That's all we have. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. MR. COCKS: The only outstanding issue we have was just the inclusion of a stop or yield sign. The indicated they've added that. We sent it to the Orange County Planning Department and they sent back a letter with no comments. We also received a letter from the DOT for their approval. Other than that we have no issues. CHAIRMAN EWASUTYN: Karen Arent, PATRICK PAIGE STORAGE STOP II 23 Landscape Architect. Mr. Raab made reference to some of your comments. MS. ARENT: Walls as detailed are twenty-four inches in height and not thirty-six as requested. MR. RAAB: That was a typo. Sorry about that. We know better. MS. ARENT: Label the materials that the sign will be constructed of. Will it be a similar sign to the other facility which is - MR. RAAB: It's internally lit. MS. ARENT: Because there is a code now that requests for the signs not to be internally illuminated box signs. MR. RAAB: Okay. If that's an issue we can deal with it. It's the kind of sign they use at all their other facilities. I'll leave it up to the Board. MS. ARENT: That's something the Board - CHAIRMAN EWASUTYN: Is that in the new - MS. ARENT: It's in the new design guidelines, internally illuminated box signs PATRICK PAIGE STORAGE STOP II 24 should be avoided. CHAIRMAN EWASUTYN: I think since we're beginning to develop that corridor can you concede to not having it illuminated? MR. RAAB: Yeah. CHAIRMAN EWASUTYN: I think eventually what is going to happen is there will probably be sewer up in that area and that will be a major development area that we should probably be looking at now as far as planning. MR. RAAB: I agree. CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? MR. GALLI: No additional. MR. BROWNE: I'm good. MR. MENNERICH: Nothing. MR. O'DONNELL: No. MR. PROFACI: No, thank you. CHAIRMAN EWASUTYN: Mike, I'm about to move for a motion to grant site plan approval for Patrick Paige Storage Stop II. Do you want to give us conditions, please? MR. DONNELLY: Yes. I think we'll reference the Zoning Board's decision that was PATRICK PAIGE STORAGE STOP II 25 given. You'll need a sign-off letter from Bryant Cocks regarding the addition of the stop or yield sign and a sign-off from Karen on the issues she has just raised. We'll carry the standard condition that says the site plan allows only that which is shown on the plan and no other fixtures can be built without site plan approval. I don't know whether you have done ARB or the applicant is going to return for ARB. MR. RAAB: We're prepared to do ARB tonight. MR. HINES: We also have to do SEQRA. CHAIRMAN EWASUTYN: We haven't declared a negative declaration on that also. MR. RAAB: I think we waived the public hearing. MR. DONNELLY: We did it in June. MR. RAAB: I think you're right. CHAIRMAN EWASUTYN: We'll manage the site plan first. We'll declare a negative declaration, we'll then follow up on the conditions of approval that Mike Donnelly mentioned, and we'll entertain ARB. Karen, you've been looking at the PATRICK PAIGE STORAGE STOP II 26 architectural on this all along; correct? MS. ARENT: Yes. CHAIRMAN EWASUTYN: I'll move for a motion that -- we'll make it two parts to the motion -- we declare a negative declaration for the Patrick Paige Storage Stop II site plan located on Route 300 and that we also grant final approval subject to the conditions that Planning Board Attorney Mike Donnelly just presented. MR. PROFACI: So moved. CHAIRMAN EWASUTYN: I have a motion by Joe Profaci. Do I have a second to the motion? MR. O'DONNELL: Second. CHAIRMAN EWASUTYN: 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. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So PATRICK PAIGE STORAGE STOP II 27 carried. We'll entertain ARB now. MR. RAAB: Karen raised questions as to what exactly the colors are. The CD that we gave -- the slide show we gave the Planning Board to review was of the Poughkeepsie facility which the color there was red. This is going to be gray - a dark gray, the blue stripe with blue accent windows with the lighter -- an iced white gray for the lighter gray in here. I have the color if the Board wishes to look. Do you want me to pass it around? CHAIRMAN EWASUTYN: Did you indicate which colors - MR. RAAB: It's the royal blue, the gray at the bottom left-hand corner and the iced white I just described for the lighter gray here. The roof is to remain the same. Of course it's going to be fixed up but the existing shingles will stay the same. The signs where we have them shown on the plan, typical to this here they're not -- are they internally lit? MR. PAIGE: I don't remember. PATRICK PAIGE STORAGE STOP II 28 MR. RAAB: Would there be a problem with that, Karen? MS. ARENT: There's supposed to be no internally lit - MR. RAAB: Okay, fine. We want to try and - CHAIRMAN EWASUTYN: It's early in the process for the design guidelines. I think it's important that we - MR. RAAB: I agree. CHAIRMAN EWASUTYN: -- work with them. I know you mean that. MR. RAAB: I never got that far. I should read the sign part. No back lit either; right? Back lit internally. MS. ARENT: No internally lit. Back lit would be the same. CHAIRMAN EWASUTYN: Karen, do you have any additional comments? MS. ARENT: The only comment I would make is that it would be nice to see the building more in keeping with the colors that we've been establishing throughout the Town, more warm colors rather than the dark blue windows. That's PATRICK PAIGE STORAGE STOP II 29 a call for the Planning Board also. It is in the design guidelines to encourage a similar theme throughout the Town using the local and indigenous materials wherever possible. MR. RAAB: Just to clarify something. It's just the frame of the windows that are blue. They're trying to give an indication of glass. I don't think it's going to be blue that's going to be sticking out like that. I believe it's going to be a much warmer accent than you think. I think the way it's shown on the plan is inaccurate as to exactly how the blue -- the only blue is really going to be that blue stripe and the accent around the windows. MS. ARENT: It's a huge improvement over what's there. In that respect I think we could offer consideration. The only other question I would have is where will the mechanical units be housed since you're so -- the building is low? MR. RAAB: They're going to be on the roof but behind the parapet wall. MS. ARENT: So they'll be screened? MR. RAAB: Yes, they will. That we'll PATRICK PAIGE STORAGE STOP II 30 leave subject to Karen's review. MS. ARENT: If you could just show exactly where they'll be. MR. RAAB: We want to do that. We want to make sure it's copasetic. MS. ARENT: I would think this is fine as long as those windows aren't so blue. I guess - MR. PAIGE: The windows are clear. MS. ARENT: Just clarify that on another submission before we sign off and state exactly what the windows will be. That will be fine. MR. RAAB: That's fine. Submit final architectural plans to Karen. CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? MR. GALLI: No additional. MR. BROWNE: No. MR. MENNERICH: Nothing. MR. O'DONNELL: Nothing. MR. PROFACI: What color is the roof, Jim? MR. RAAB: What color is the roof. You PATRICK PAIGE STORAGE STOP II 31 mean this roof here? MR. PAIGE: It's a black rubber roof right now. MR. RAAB: I think he's talking about the peak roof. MR. PAIGE: I don't even know what that is. Do you? MR. RAAB: No, I don't. I'm not even going to try and guess. MR. PAIGE: I don't think you can actually see it. That's probably why we don't know. MR. RAAB: It's behind the parapet wall. You would actually have to be on top of the wall to be able to see it. MR. PROFACI: You don't see it at all? MR. RAAB: You don't see it at all, no. CHAIRMAN EWASUTYN: Having heard the recommendations from our consultant for architectural review, Karen Arent, the Board having an opportunity to review and discuss the color renderings that were submitted, I'll move for a motion that we approve the ARB for Patrick Paige Storage Stop II. PATRICK PAIGE STORAGE STOP II 32 MR. GALLI: So moved. MR. PROFACI: Second. CHAIRMAN EWASUTYN: I have a motion by Frank Galli. I have a second by Joe Profaci. Any discussion of the motion? MR. MENNERICH: Is that subject to Karen's sign off on the final details? CHAIRMAN EWASUTYN: Correct. Subject to Karen's sign off on the windows. I have a motion by Frank. I have a second by Joe Profaci. I had a discussion by Ken Mennerich. Any further discussion? (No response.) CHAIRMAN EWASUTYN: I'll move for approval starting with a roll call vote with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. MR. RAAB: Thank you very much. PATRICK PAIGE STORAGE STOP II 33 (Time noted: 7:24 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 27, 2007 1 34 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 LANDS OF FINNIGAN (2007-21) 6 71 Fifth Avenue 7 Section 70; Block 1; Lot 3 R-3 Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 CONCEPTUAL SKETCH PLAN TWO-LOT SUBDIVISION 11 Date: August 16, 2007 Time: 7:24 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 CLIFFORD C. BROWNE KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 22 APPLICANT'S REPRESENTATIVE: MICHAEL AIELLO 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 LANDS OF FINNIGAN 35 CHAIRMAN EWASUTYN: The next item we have is the lands of Finnigan. It's a conceptual sketch plan for a two-lot subdivision located on Fifth Avenue in an R-3 Zone. It's being represented by Mike Aiello. MR. AIELLO: Chairman, Members of the Board, Mike Aiello. I'm representing Mrs. Gertrude Finnigan in the matter of a proposed two-lot subdivision. The subdivision is located on a -- the proposed subdivision is located on a parcel on Fifth Avenue of about 3.4 acres. The proposal consists of two lots essentially, 3 acres being subdivided into approximately 1 acre and approximately 2 acres with the balance being split between the two. The zoning is R-3. The parcel is served by water and sewer. As I understand the R-3 zoning district regulations require lots of 12,500 square feet. Mrs. Finnigan is proposing lots which exceed that. We have submitted preliminary plans, and subsequent to that submittal we received some comments from your consultants which we have LANDS OF FINNIGAN 36 addressed in the form of revised plans, which if you approve I can submit those to you tonight. We've addressed each one of the comments that we received. If you'd like I can go through those right now. CHAIRMAN EWASUTYN: Sure. Why don't we have our -- we'll have our consultants bring up their comments and then you can respond. As far as your resubmitting the maps tonight, we can't accept them tonight because there's an actual resubmission letter of the scheduling to bring it in. When you do resubmit and you do have a resubmission letter, on there please identify the project number. MR. AIELLO: I've got that. CHAIRMAN EWASUTYN: Thanks. And then we'll go through the procedure. When you do resubmit, after your first submittal which you just completed, your resubmission you can mail directly to the consultants the revised maps. I'll discuss with you tomorrow how many maps the Planning Board needs. Pat Hines. MR. HINES: We had previously commented LANDS OF FINNIGAN 37 on the required water and sewer notes which I have provided to Mr. Aiello. We need the topography shown on the maps. There is an indication of 1,000 cubic yards of fill proposed on lot 2, so I need to see the existing and proposed contours on there. We want to see the lowest sewer elevation on the proposed structure so we can be assured it can meet the Town sewer grades out front. Those are the gist of the comments. At work session the Board requested I go out in the field and take a look at the existing drainage conditions on the site. Apparently it looks like there might be wetland areas or wetlands on the site. I'll do that before it's on the agenda again. That's all we have for comments. CHAIRMAN EWASUTYN: Bryant Cocks. MR. COCKS: We had a couple comments just regarding adding a couple things to the site plan including a surveyor's seal and signature and a consent note. Also add sight distance to the plans. There's some stonewalls -- there's a LANDS OF FINNIGAN 38 stonewall cutting directly across the front of the site. We want to see if the applicant can preserve as much of that as possible besides where the driveway cut is going to be. There's also existing beehives on proposed lot 2. We're asking if that was going to remain or if that was going to be removed. MR. AIELLO: The revision we've made said it's going to be removed under note 3. It will become a condition of your approval. MR. COCKS: The new lot and the existing lot both meet all setback and zoning requirements. We have no further comments. CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? MR. GALLI: No additional. MR. BROWNE: Nothing more. I'm just concerned about the wet condition that was referenced. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. LANDS OF FINNIGAN 39 CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No. CHAIRMAN EWASUTYN: Mike, would you like to add something at this time? MR. AIELLO: No. CHAIRMAN EWASUTYN: Thanks. I'll move for a motion that we grant conceptual approval for the two-lot subdivision for the lands of Finnigan located on Fifth Avenue. MR. GALLI: So moved. MR. MENNERICH: Second. CHAIRMAN EWASUTYN: I have a motion by Frank Galli I believe that was. 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. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. If you'll call the office tomorrow and LANDS OF FINNIGAN 40 talk about a resubmission. (Time noted: 7:28 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 27, 2007 1 41 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 LANDS OF SCATTURO (2006-13) 6 Old Post Road 7 Section 8; Block 1; Lots 97 & 34.1 R-3 Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 EIGHT-LOT SUBDIVISION LOT LINE CHANGE 11 Date: August 16, 2007 Time: 7:29 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 CLIFFORD C. BROWNE KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. 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 JONATHAN CELLA LANDS OF SCATTURO 42 CHAIRMAN EWASUTYN: The next item of business we have is the lands of Scatturo. It's an eight-lot subdivision and lot line change located on Old Post Road in an AR Zone. It's being represented by Jonathan Cella. MR. CELLA: Since last time we were here we've been to several work sessions with your Town consultants. We relocated and shortened the road by approximately 500 feet. The road has been relocated to be directly across from the junction of Old Post Road and River Road and moved slightly north so that it doesn't interfere with any of the existing vegetation along the southern property line. The lots have been reconfigured such that we still have the 5 plus acre lot and four smaller lots of approximately over an acre. Lot number 3 and lot number 1 have been reconfigured also such that there will be no development near the existing homes to the south. Lot number 1 -- number 3, I'm sorry, actually the setback line would deter any development there. On lot number 1 the topography wouldn't allow development. LANDS OF SCATTURO 43 We still have three retention ponds, one on the north, one on the east and one in the south by the road which we actually switched to the other side. We eliminated a lot of the retaining walls along Old Post Road. We eliminated the retaining wall along Old Post Road. I think we addressed a lot of the comments of the public. CHAIRMAN EWASUTYN: Thank you. Karen Arent, Landscape Architect, I know you spent time out in the field reviewing the property. MS. ARENT: Yes. At the request of the Planning Board I went out and inventoried trees along the property line shared with -- I have the name here. It's along the southern property line. I tagged trees and labeled them and I - when I was away on vacation I just see that I got an inventory showing all those trees and their locations. The consultant is saving every tree that was marked in addition to entire wooded areas along that property line. They still have work to do on the LANDS OF SCATTURO 44 drawings. They have to put a disturbance limit line on the drawings and notes that request that this line be staked in the field and fenced with tree protection fencing, as well as notes to keep this fencing in good condition throughout the construction period. Also to keep any equipment or materials out of this area. They should do that on the erosion control plan so that it's done before -- at the very beginning stages of construction before any other construction work is done. They did a great job redesigning to make the site look better from both the road and the neighbors. They're going to be able to save big, huge areas of vegetation that they weren't able to save before. They made good progress on this project. We also need the note that requires tree replacement equal to the basil area of any trees cleared without authorization within protected areas. That note should also be put on the grading plan so the grading operator is aware there's a big consequence for removing trees in those areas. Sometimes I think that -- I think LANDS OF SCATTURO 45 that the grading -- the excavating contractor should know that, you know, there is consequences for not observing the safety fencing. The stormwater management area needs to be landscaped in accordance with DEC guidelines. On the previous plans they had a really nice detail at the front entrance with the stonewall and landscaping. I think that should also be on these plans. MR. CELLA: We're going to include that. MS. ARENT: We need street trees and all the street plantings along with the trees. That's it. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. MR. COCKS: The relocation of the road was provided from the public comment of the guy across the street who was afraid of sheet flow coming onto his driveway. That was moved over more towards the intersection, so he's not going to be affected either. It also eliminated the retaining walls on the site. We feel they addressed most of the LANDS OF SCATTURO 46 public's comments about this. The only thing else that we need from him is just a surveyor's seal and signature and all the easements have to be filed with Mike Donnelly. CHAIRMAN EWASUTYN: Pat Hines, Drainage Consultant. MR. HINES: Our first comment echoed Bryant's and Karen's comments that the project is much improved by the centrally located roadway and moving the retaining walls and reducing the amount of clearing along the other neighboring properties that front along Old Post Road. We're suggesting that an easement be recorded that requires that the buffer strip shown between those properties, which I believe is going to be the rear yard setbacks for lots 1 and 3, can be addressed with an easement to eliminate that clearing so those large walnut trees Karen referenced stay there. Also there needs to be cross grading and drainage easements on lots 1, 3, 4 and 6 which have a swale that will divert any runoff from the existing houses that front on Old Post LANDS OF SCATTURO 47 Road and direct them back to the detention ponds. A private road access and maintenance agreement that addresses the maintenance of the detention ponds is required. I have some technical comments on the drainage. I did receive a re-submission of the drainage report. That needs to be slightly revised but I think the applicant can accomplish that. I believe the project can be finally approved with a sign off at this point. CHAIRMAN EWASUTYN: Thank you. Comments from Board Members. Frank Galli? MR. GALLI: No additional. CHAIRMAN EWASUTYN: Cliff Browne? MR. BROWNE: I would like to commend you on the improvements you put into this. Thank you. MR. CELLA: Thank you. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: No comments. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: No comments. LANDS OF SCATTURO 48 CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No comments. CHAIRMAN EWASUTYN: Mike Donnelly, Planning Board Attorney, can you give us conditions for approval, conditional approval? MR. DONNELLY: You'll need sign-off letters from Karen on the various issues she's addressed, from Pat Hines on those issues he just addressed, and one from Bryant Cocks regarding the plans being submitted, sealed plans. We'll carry as a condition the requirement that the clearing limits be honored in the field and replacement with equivalent basil area in the event that restriction is violated. I think the Town Board still has to approve the roadway names. We'll need a private roadway security. I don't think there's any landscape security required. MS. ARENT: There will be. MR. DONNELLY: A landscape security as well. The private roadway easement and maintenance agreement which will need to include drainage maintenance provisions as well as the cross grading and drainage easements for lots 1, LANDS OF SCATTURO 49 3, 4 and 6. The buffer protection easement along the sides of lots 1 and 3, and the payment of parkland fees. CHAIRMAN EWASUTYN: There will be at some point in time a cost estimate that will be provided to the town engineer to review for the private road, and then there will be an inspection fee associated with that. That inspection fee would be monies that would need to be collected along with the other fees as far as the approval. MR. CELLA: Okay. CHAIRMAN EWASUTYN: Any comments from Planning Board Members at this point? MR. GALLI: No additional. MR. BROWNE: No. CHAIRMAN EWASUTYN: Having heard the conditions for approval for the lands of Scatturo, the eight-lot subdivision and lot line change located on Old Post Road presented by the Planning Board Attorney, Mike Donnelly, I would move for that motion. MR. MENNERICH: So moved. MR. PROFACI: Second. LANDS OF SCATTURO 50 CHAIRMAN EWASUTYN: I have a motion by Ken Mennerich. 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. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself aye. So carried. MR. CELLA: Thank you. (Time noted: 7:38 p.m.) 51 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 27, 2007 1 52 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 SODANO SUBDIVISION (2007-25) 6 Forest Road 7 Section 3; Block 1; Lot 33.1 AR Zone 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 CONCEPTUAL SKETCH PLAN TWO-LOT SUBDIVISION 11 Date: August 16, 2007 Time: 7:38 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 CLIFFORD C. BROWNE KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 22 APPLICANT'S REPRESENTATIVE: LAWRENCE MARSHALL 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 SODANO SUBDIVISION 53 CHAIRMAN EWASUTYN: The next item of business is the Sodano subdivision. It's a conceptual sketch plan for a two-lot subdivision located on Forest Road in an AR Zone. It's being represented by -- Lawrence, I apologize, I forget your last name. MR. MARSHALL: Marshall. CHAIRMAN EWASUTYN: Lawrence Marshall. If you would give your presentation, please. MR. MARSHALL: Sure. This is a proposed two-lot subdivision located on the easterly side of Forest Road. It's located in the AR zoning district. The total area of the property as it currently exists is 20.5 acres. We're proposing a two-lot subdivision subdividing it into -- one lot into 9 acres and the other into approximately 11.5 acres. This is a re-subdivision of lot 2 of the Sodano and Albano subdivision that was filed in 2005. That was a two-lot subdivision with a lot line change. In that subdivision there was a creation of one lot over 5 acres and the movement of a line in a lot of less than 5 acres. We're creating two additional lots over 5 acres with a SODANO SUBDIVISION 54 total subdivision if you include the lot line change of four lots with only one under 5 acres. It is our belief that this should not be submitted to the Orange County Health Department for their review. CHAIRMAN EWASUTYN: Lawrence, good presentation. Mike Donnelly, your interpretation. MR. DONNELLY: I'm going to have to look at that regulation again. I thought it was either a re-subdivision of lands that were more than five lots total within five years or that there are more than five lots, four of which are smaller than 5 acres. I don't know that for the -- I have to look at the regulation. I don't know if you have a better memory. MR. HINES: I don't. I always thought it was any re-subdivision of a lot within three years. CHAIRMAN EWASUTYN: Three years I know is right. MR. DONNELLY: I'll have to double check. MR. HINES: One of my comments states SODANO SUBDIVISION 55 that I'm looking for that to be clarified. We need the notes for the County Public Works. It's a County road. Those standard notes and details will have to be on there. It has a private -- not a private road but a common driveway. An access and maintenance agreement will be required. Depending on whether or not it's considered a major subdivision, either my office or the County Health Department will review the septics. CHAIRMAN EWASUTYN: Bryant Cocks. MR. COCKS: Actually I have the subdivision regulations here. The subdivision states a major is any subdivision of a parcel of land within three years of final approval of a previous subdivision of all or a portion of the same parcel. MR. MARSHALL: Pretty cut and dry then. CHAIRMAN EWASUTYN: Would you then consider it to be a major subdivision, Lawrence? MR. MARSHALL: Yes, based upon that. MR. COCKS: That was our first comment. There's an easement cutting across the front of SODANO SUBDIVISION 56 the lot. Whatever language you guys have on that. I didn't see any in the previous filed approval, so if you could just provide that to Mike Donnelly. MR. MARSHALL: Sure. MR. COCKS: There's a common driveway for the existing lots. You're preserving the stonewall on the one side of the site. We agreed with that. We would just like to see a note on the plans stating that it be removed if necessary for the development of the project. Try to limit it as much as possible. The wetlands delineation has to be signed. I was asking if the driveway on lot 3 could be relocated to the other side so it's not cutting across the front lawn and across the side lawn just to provide whoever is going to move in there with a better area for their kids or whatever they need it for. There should be a note on the plans stating no further subdivision of these two lots. There's a large swamp land in back so SODANO SUBDIVISION 57 they probably wouldn't have the area but we would just like to see that on the plans. We have to forward this to the County Planning, County DPW and DEC. We need to declare lead agency also. CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? MR. GALLI: No additional. MR. BROWNE: I just have one follow up on the stonewall. I personally don't like the idea of just leaving that to the developer's discretion if he's going to take it down or not. I would like to see something from our Board or the Consultants have some kind of a look at it prior to if they decide that they have to take it down. MR. COCKS: We can go out and look at it. CHAIRMAN EWASUTYN: Mike, we'll consider that as far as a note for part of the resolution for final approval. MR. DONNELLY: Maybe we'll find out before we get there. MR. BROWNE: Either way. SODANO SUBDIVISION 58 CHAIRMAN EWASUTYN: Do you want to discuss that now or wait for the review and the process? MR. COCKS: I'll go out and look at it to see what kind of condition it's in and where they're putting the driveways and everything. CHAIRMAN EWASUTYN: Anything else? MR. BROWNE: No. CHAIRMAN EWASUTYN: Ken Mennerich? MR. MENNERICH: Nothing. CHAIRMAN EWASUTYN: Ed O'Donnell? MR. O'DONNELL: Nothing. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: Nothing. CHAIRMAN EWASUTYN: I'll move for a motion that we grant conceptual approval and declare our intent for lead agency for the Sodano conceptual sketch plan located on Forest Road. MR. GALLI: So moved. MR. BROWNE: Second. CHAIRMAN EWASUTYN: I have a motion by Frank Galli. I have a second by Cliff Browne. Any discussion of the motion? (No response.) SODANO SUBDIVISION 59 CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. Lawrence, would you make it a point of getting plans to Bryant Cocks so he can circulate to the Orange County Planning Department, the Orange County Department of Public Works and to the DEC? MR. MARSHALL: Absolutely. CHAIRMAN EWASUTYN: Thank you. (Time noted: 7:45 p.m.) 60 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 27, 2007 1 61 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 BALMVILLE ESTATES 6 (2007-10) 7 Intersection of River Road & Susan Drive Section 46; Block 2; Lot 14 8 R-1 Zone 9 - - - - - - - - - - - - - - - - - - - - - - - - - X SIX-LOT SUBDIVISION 11 Date: August 16, 2007 Time: 7:45 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 CLIFFORD C. BROWNE KENNETH MENNERICH 17 EDWARD T. O'DONNELL, JR. JOSEPH E. PROFACI 18 ALSO PRESENT: DINA HAINES 19 MICHAEL H. DONNELLY, ESQ. BRYANT COCKS PATRICK HINES KAREN ARENT 21 22 APPLICANT'S REPRESENTATIVE: KENNETH LYTLE 23 - - - - - - - - - - - - - - - - - - - - - - - - - X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 (845)895-3018 BALMVILLE ESTATES 62 CHAIRMAN EWASUTYN: The following item of business this evening is Balmville Estates. It's a six-lot subdivision located at the intersection of River Road and Susan Drive, it's in an R-1 Zone and it's being represented by Ken Lytle. MR. LYTLE: Good evening. Since our last time in front of the Board we've been to two work sessions working on a layout that would work the best with the area and the consultants were happy with. What they discussed and what we have actually presented in front of you tonight is actually a private road coming off of Susan Drive with only one driveway coming off of River Road instead of all the other individual driveways which we proposed before. In doing so we would bring the water main coming off Susan Drive and provide all these homes with individual water service from the Town. Pat had some comments regarding what we're doing regarding the lot on River Road and the proposed well. We have no problem modifying those comments and those notes. During Karen's review we had been asked BALMVILLE ESTATES 63 to locate the two large Sycamore trees at the front entrance and we relocated the private road to be between those trees to preserve those trees. We spoke to Pat today regarding the drainage. We had proposed if we removed the drainage swale or ditch swale on the lower side of the proposed road we could shift the road approximately four to five feet away from and more centered among those trees, preserving those trees for the root protection. Pat has a couple minor comments we have no problem with doing. If the Board has any additional comments. CHAIRMAN EWASUTYN: Before I turn it over to the consultants which I ordinarily do, it's always good to change, we discussed this during the work session and we're trying to think of things that could be of importance we may address during the public hearing. One is the fact that the public may want to see additional screening. Realizing that the code does not require screening residential from residential, the Board would like you to speak to the BALMVILLE ESTATES 64 applicant to consider the possibility of maybe responding to the request from the public if that becomes a public comment. MR. LYTLE: Okay. Again, I've been working with these neighbors. Actually the twenty-five foot easement screen they were happy with. In working with the people along Susan Drive they were very happy for us to inform them we're going to remain -- all the stuff to the east we're going to dedicate to the Town will remain as a landscape buffer not to be disturbed. Also, the neighbor here to the left of where the proposed private road is going to be, we're leaving the trees that are there for the screening also. We're aware of all the neighbors and we tried to address the best we could prior. MR. HINES: The buffer strip, the twenty-five foot strip along there, it looks like there's a lawn area rather than trees there. It may need some landscaping. The Board can't require it residential to residential. I think they're looking to you and your client to see if you can address that realizing we're going to hear it at the public hearing. BALMVILLE ESTATES 65 MR. LYTLE: Not a problem. CHAIRMAN EWASUTYN: During the work session we also discussed the services of Karen Arent to go out into the field just to more carefully look at what's existing on the site and to report back to us. MS. ARENT: No problem. MR. LYTLE: Do I need to meet her on the site to go over that? CHAIRMAN EWASUTYN: I think that that would be advantageous. The only other comment is we can't restrict whether you do build or you don't build. Will you be building the site up? MR. LYTLE: Our goal is to actually build these lots out. We spoke at the last meeting based upon some situations up here. Our goal is to build that out. MR. O'DONNELL: Our expectation level will be very high. MR. GALLI: Restrictions on the deed or note or something. MR. LYTLE: We're going to have restrictions on these lots. Karen has asked to BALMVILLE ESTATES 66 add more notes regarding the tree protection the contractors should know about and excavator so there is no additional removal of trees. That has to be reviewed by the building department. We can have that note on the plan also. MR. DONNELLY: Ken, are you going to record those restrictions on future disturbance of the lot in a recorded declaration? If you are would you let me or let the Board see that ahead of time? In other words, if you want to limit the homeowner's ability to clear areas of the lot, I think you should do that by a recorded document. If you could, I think the Board would like to see it before we - MR. LYTLE: I'll get back to you Monday or Tuesday about that and confirm it. MR. HINES: This doesn't meet the threshold of more than ten lots for the architectural review. The Board's concern is you don't get six houses all looking the same there. MR. LYTLE: Regarding the subdivision, I know the developer who was submitting the plans and they had issues with the building department where Mr. Canfield asked them to have two homes BALMVILLE ESTATES 67 side by side couldn't match and they made him make the changes regarding that. I don't know how much that was enforced. MR. GALLI: They didn't match but they actually looked the same. MR. LYTLE: The applicant was asking us questions about that. MR. GALLI: One is blue, white and green. MR. LYTLE: I understand. CHAIRMAN EWASUTYN: Comments from our consultants. Pat Hines, Drainage Consultant. MR. HINES: We have a comment the lot that fronts on River Road is going to initially be serviced by -- River Road -- it's going to be serviced by a well until such time as the Pinnacle subdivision completes their water main and dedicates it to the Town. I think there needs to be a more definitive note other than the lot will connect when the water becomes available. It requires that connection within a certain timeframe. The project will require Health Department review of the septic systems after BALMVILLE ESTATES 68 preliminary approval. I did get an e-mail from the highway superintendent stating that the town engineer reviewed the location of the private road and found that to be acceptable. The comment stating there's dry swales for water quality benefits along the private roadway, I think those need to be connected. A closed pipe drainage system to the existing catch basin on Susan Drive rather than allow that water to discharge down Susan Drive on the surface to that. I spoke to Ken today regarding modifications of moving that dry swale back in order to preserve the large Sycamore. There will be a slight relocation of the private roadway almost putting it in the center of the two trees. It's in the center line of those two trees - between the two trees. That's all we have. Again, it needs to go to the County. There's a public hearing first but it needs preliminary to get to the County. CHAIRMAN EWASUTYN: Bryant Cocks, Planning Consultant. BALMVILLE ESTATES 69 MR. COCKS: The revised road layout and lot layout we feel is a lot better. All the lots still meet the zoning requirements and setback requirements. We feel this is going to be a lot more in tune with the community character surrounding it, so we agree with this. The applicant provided a twenty-five foot buffer which we already discussed. We have nothing further. CHAIRMAN EWASUTYN: Karen Arent, Landscape Architect. MS. ARENT: You located these Sycamore trees in the field very carefully? MR. LYTLE: They were actually located -- I don't have the guy's name. MS. ARENT: He's confident they're exactly where they are shown? MR. LYTLE: Yes. MS. ARENT: The other thing that you're going to need to do is work within only one foot tolerance when you're putting in the road because you need at least ten feet on the no disturbance around the roots of these trees. You might need BALMVILLE ESTATES 70 notes on the drawing saying wherever grade changes are too much to accomplish in this one-foot area that you need to put a stonewall or some other type of retaining in in case the grades aren't exactly the same as shown on the plan, as well as all the tree clearing and tree protection notes that you referenced during your presentation. You also need to put a note on the erosion control plan that references the tree protection plan and notes that before construction begins all the requirements of the tree protection plan must be adhered to. You should also show street trees on the drawing wherever there isn't any along with the note wherever there's no existing trees that will remain close to the road along with a note that says that if the existing trees are not in good condition or further away than forty feet on center that a street tree will be installed. Planting warrantee notes should also be on the drawing. That's it. CHAIRMAN EWASUTYN: Comments from Board Members. Frank Galli? BALMVILLE ESTATES 71 MR. GALLI: No additional. MR. BROWNE: No. MR. MENNERICH: No questions. MR. O'DONNELL: Are there any wetlands on this, Pat? MR. HINES: There's no indication from the soils, and the topography is fairly rolling on the site. I don't believe so. I think there is some wetlands further down River Road but they're below this project. Probably in this drainage corridor there might be some but there's no impacts to that area. It's rather heavily wooded, the site. MR. DONNELLY: You walked it? MR. LYTLE: Remember the two other parcels on top of that behind Taffy Lane, there's a little bit of wet area. That's why we did this actually drainage swale gave actually an easement to the Town -- right-of-way to the Town so they could maintain it if it did flow so the Town can clean that so there's no problems. MR. HINES: The soil testing for the septic didn't identify soils of that nature, and the County is going to re-look at those. BALMVILLE ESTATES 72 MR. O'DONNELL: Okay. CHAIRMAN EWASUTYN: Joe Profaci? MR. PROFACI: No, thank you. CHAIRMAN EWASUTYN: Do you have our schedule in your database for Planning Board meetings? MR. DONNELLY: Yes. CHAIRMAN EWASUTYN: I'm trying to get the date for our second meeting in October. MR. DONNELLY: In October you meet on -- the first meeting is the 4th and then you meet on the 18th. CHAIRMAN EWASUTYN: I'll move for a motion from the Board to declare a negative declaration for the six-lot subdivision for Balmville Estates, to set it for the 18th of October for a public hearing subject to Ken Lytle revising his plans, submitting to our consultants and receiving a sign off from them that the comments that were made tonight have been addressed. MR. MENNERICH: So moved. MR. GALLI: Second. CHAIRMAN EWASUTYN: I have a motion by BALMVILLE ESTATES 73 Ken Mennerich. I have a second by Frank Galli. 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. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Dina, would you make a note that we'll contact the assessor's office for a mailing list for the lands of Balmville Estates? MS. HAINES: Yes. MR. LYTLE: Thank you. (Time noted: 7:55 p.m.) 74 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 27, 2007 1 75 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 LANDS OF ESPOSITO & MOBLEY 6 (2006-22) 7 Final Approval 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 BOARD BUSINESS 11 Date: August 16, 2007 Time: 7:55 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 CLIFFORD C. BROWNE 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 LANDS OF ESPOSITO & MOBLEY 76 CHAIRMAN EWASUTYN: Having finished the items of business for the Planning Board agenda of the 16th of August, we have some items for discussion/action under our Board business. At this point I'll turn to Mike Donnelly, Planning Board Attorney, to present those items to the Planning Board, the first being the lands of Esposito and Mobley. They were granted a ZBA decision. Mike Donnelly. MR. DONNELLY: The Esposito and Mobley subdivision had been before you for some time. You had granted approval on April 5, 2007. The applicant realized, however, that your approval required that they remove a trailer from the site before they filed the plat. They asked for permission and you referred them to the Zoning Board of Appeals to seek a variance that would allow them to keep that trailer there. The Zoning Board of Appeals has granted that variance. I have a copy of it in the file. I believe that you should take action to now grant preliminary and final subdivision approval and substitute in the condition that the trailer LANDS OF ESPOSITO & MOBLEY 77 needed to be removed with a condition that there needs to be compliance with the variance that was granted instead. CHAIRMAN EWASUTYN: Thank you. Hearing the language from Planning Board Attorney Mike Donnelly to move for the motion for final approval for the lands of Esposito and Mobley, I'll 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: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. (Time noted: 7:58 p.m.) 78 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 27, 2007 1 79 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 GOLDEN VISTA 6 (1999-33) 7 Revision from Final Approval to Preliminary Approval 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 BOARD BUSINESS 11 Date: August 16, 2007 Time: 7:59 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 CLIFFORD C. BROWNE 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 GOLDEN VISTA 80 CHAIRMAN EWASUTYN: The next item of business is we received a letter from Stephen Reineke dated August 6, 2007 as it relates to Golden Vista. I'll turn again to Counsel, Mike Donnelly, to explain it to us. MR. DONNELLY: As you are aware, under section 185-58 E of your site plan provisions of the ordinance a final site plan approval is good for a two-year period and extendable for one additional year but it may not be extended further. This applicant is reaching the end of that period and reports in the letter that it is unable to satisfy the conditions of that approval due in large measure to the inability to obtain a variance from -- not a variance, an easement from an adjoining property owner who had been earlier willing to grant it. Therefore what they have asked is to surrender -- what they have offered and asked at the same time is they have offered to surrender their final site plan approval and asked in exchange that they receive a preliminary site plan approval. The reason for that is preliminary site plan approvals do not have the GOLDEN VISTA 81 durational limitations that final site plan approvals have. It is my recommendation to you in a case like this that you ensure that there have been no substantial changes in the vicinity or the neighborhood that would make this a project that you would not approve today, and I further recommend that you keep this on somewhat of a short leash, my suggestion was three months, six months, nine months, whatever you think is appropriate, in order that we can ensure that the applicant satisfies those conditions and we don't just have a preliminary approval hanging out there forever. CHAIRMAN EWASUTYN: Knowing the history of the project before us this evening and the time that it has required over the last twoand- a-half years to obtain their goals, I would ask the Board to consider granting this extension for six months. The date that it would expire would be the 14th of February. MR. MENNERICH: So moved. MR. GALLI: Second. CHAIRMAN EWASUTYN: Any discussion of the motion? GOLDEN VISTA 82 MR. BROWNE: Yes. Was there anything offered as far as direction or thought as to when, and if, and how the things will be taken care of? If he's not going to be able to get this easement, did he offer any kind of alternative thing to satisfy the requirements? MR. DONNELLY: Well, they hope to obtain the easement. What could slow things down is to litigate that issue if necessary. In the event they couldn't, they would have to come back and amend their plans. I would think that they should know before the end of six months whether or not they're going to be successful in getting that easement or whether they're going to need to amend their plans. If they need to amend their plans I don't know there's a whole lot of utility in further extending the preliminary. You can cross that bridge when you get there. MR. HINES: The easement is with regard to connecting the water system through to the Meadow Winds development. MR. BROWNE: Right. CHAIRMAN EWASUTYN: Any further discussion of the motion? GOLDEN VISTA 83 (No response.) CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. Mike, can you prepare something? MR. DONNELLY: A resolution. I do have one. I have included at the tail end -- it recites the history of the approval and the request for preliminary approval, and I state at the end approval of this preliminary site plan shall be valid until February 14, 2008, and then I go on to say unless extended by the Planning Board this approval shall be null and void unless final site plan approval has been granted before that date. CHAIRMAN EWASUTYN: We'll follow that accordingly with the town assessor or our consultants. Mark Taylor will be a part of the GOLDEN VISTA 84 record. (Time noted: 8:03 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 27, 2007 1 85 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 MID-VALLEY MALL 6 (2001-13) 7 Revision from Final Approval to Preliminary Approval 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 BOARD BUSINESS 11 Date: August 16, 2007 Time: 8:04 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 CLIFFORD C. BROWNE 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 MID-VALLEY MALL 86 CHAIRMAN EWASUTYN: We received a letter from Anthony Gioffre in reference to the Mid-Valley Mall. I ask that Mike Donnelly address that at this time. MR. DONNELLY: There is a similar request here. This applicant was granted site plan and ARB approval in 2005. While the reasons aren't amplified to any great extent, the applicant has not been able to complete those conditions. They say they're working on financing and obtaining tenants for the commercial space and are not going to be able to complete that in advance of the expiration of the potential three-year duration of the approval, therefore they are willing to surrender their final approval and ask that a preliminary be issued in its place. My only confusion is with the dates recited in your letter. My file indicates that the final site plan approval was issued on June 16, 2005. I'm not aware of the date it was entered in the office of the town clerk. Is that November date the date it was entered? MID-VALLEY MALL 87 MR. GIOFFRE: That's my understanding also. MR. DONNELLY: I think we went through a number of the iterations of the resolution. Although the approval was in June, the two years plus one is measured from the date the resolution was entered in the office of the clerk. The request is for a return to preliminary approval. They still have some time left. CHAIRMAN EWASUTYN: They just requested an extension. MR. GIOFFRE: Extension of the final approval. MR. DONNELLY: They're asking the last year of the two plus one. They're asking that it run until November 23rd I think was the date. CHAIRMAN EWASUTYN: 2008; correct? MR. DONNELLY: Yes. I'm sorry. CHAIRMAN EWASUTYN: Any questions from the Board Members? MR. GALLI: No. MR. MENNERICH: No. CHAIRMAN EWASUTYN: I'll move for a motion to grant a one-year extension for the Mid MID-VALLEY MALL 88 Valley Mall, project number 2001-13, to November 23, 2008. MR. PROFACI: So moved. CHAIRMAN EWASUTYN: I have a motion by Joe Profaci. Do I have a second? MR. GALLI: Second. CHAIRMAN EWASUTYN: I have a second by Frank Galli. 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. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Nay. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself yes. So carried. MR. GIOFFRE: Thank you very much. (Time noted: 8:06 p.m.) 89 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 27, 2007 1 90 2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 - - - - - - - - - - - - - - - - - - - - - - - - - X In the Matter of 4 ORANGE COUNTY CHOPPERS 6 (2005-58) 7 ZBA Variances 8 - - - - - - - - - - - - - - - - - - - - - - - - - X 9 BOARD BUSINESS 11 Date: August 16, 2007 Time: 8:07 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 CLIFFORD C. BROWNE 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 ORANGE COUNTY CHOPPERS 91 CHAIRMAN EWASUTYN: The last item of business we have again Mike Donnelly will address. Orange County Choppers received a ZBA variance and the question is is it considered a field adjustment or should we have them come in with an amended site plan. MR. DONNELLY: Jerry Canfield responded to me, as I said I copied him on my correspondence to you, and said that he's comfortable with either direction, whatever would be the preference of the Planning Board. The variance has been granted. If a field change is the easier way to do it. I don't think the relocation is particularly elaborate. MR. HINES: .8 feet of the facade is into the front yard setback. MR. DONNELLY: I would think if your minutes reflect you authorize that change on a field change basis, that you wouldn't need to approve an amended site plan. MR. HINES: It's the front yard setback and an exterior stairway was added to meet the fire code on the transfer station side of the building. ORANGE COUNTY CHOPPERS 92 CHAIRMAN EWASUTYN: Discussion from Board Members. Frank Galli? MR. GALLI: There's no problem. MR. BROWNE: I'm fine with that. MR. MENNERICH: I think it should be a field change. CHAIRMAN EWASUTYN: For matter of the record do you want to give us the language that we'll approve this field change? MR. DONNELLY: By this resolution the Planning Board hereby approves as a field change the minor adjustments in the building location for which variances were granted by the Zoning Board of Appeals. CHAIRMAN EWASUTYN: I'll move for that motion. MR. MENNERICH: So moved. MR. PROFACI: Second. CHAIRMAN EWASUTYN: I have a motion by Ken Mennerich. I have a second by Joe Profaci. Any discussion of the motion? MR. MENNERICH: Do we have to ask that as-built drawings be provided or they'll be - MR. DONNELLY: Always I think we ORANGE COUNTY CHOPPERS 93 require those. MR. HINES: The building department gets those. MR. DONNELLY: The building department, yes. CHAIRMAN EWASUTYN: Any further discussion of the motion? (No response.) CHAIRMAN EWASUTYN: I'll move for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. Mike, do you give us a letter that we can generate to Jerry and also to Orange County Choppers? MR. DONNELLY: Yes. CHAIRMAN EWASUTYN: I'll move for a motion that we close the Planning Board meeting of the 16th of August. ORANGE COUNTY CHOPPERS 94 MR. BROWNE: So moved. MR. MENNERICH: Second. CHAIRMAN EWASUTYN: I have a motion by Cliff Browne. I have a second by Ken Mennerich. I'll ask for a roll call vote starting with Frank Galli. MR. GALLI: Aye. MR. BROWNE: Aye. MR. MENNERICH: Aye. MR. O'DONNELL: Aye. MR. PROFACI: Aye. CHAIRMAN EWASUTYN: Myself. So carried. (Time noted: 8:09 p.m.) 95 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 27, 2007