D. McGoey: The second elevation view where you see the major portion of the old building how are you going to finish those walls?

J. Anderson: They are existing block right now. We’re going to leave that and we’re going to (not clear) and paint this.

G. Luenzmann: Where are you going to be able to stack the new cars and also used cars?

G. Bergman: There’s only parking for thirty nine.

G. Luenzmann: I know.

G. Bergman: There will be an off-site lot, somewhere else in the vicinity, not on this site though. Middletown Honda owns several lots they store cars in now. Those cars will be driven to the site. There will only be room for thirty nine new cars. I just wanted to say on the elevations, Dick asked that we supply the Town with a copy, and we will for the file. They will be submitted under a separate cover.

G. Lake: Let me go through the Board before the Public.

A. Dulgarian: After the Public.

R. Carr: Nothing now.

G. Luenzmann: After the Public.

G. Monaco: After the Public.

T. Hamilton: Just one question. Where the easement is going to be for the entrance to the former Wal-Mart on that color scheme it shows your landscaping. How is that going to affect?

G. Bergman: The easement will go though there. We will maintain that now and at which time the road goes through we will modify the landscaping.

G. Lake: Dick, why don’t you just explain that to the Board a little bit since it has been worked on a lot at a couple of work sessions.

D. McGoey: The original proposal for the entrance to Wal-Mart was off of Route 211. The Department of Transportation and in the Planning Board’s interest at the time and the Town Board’s interest, was to get some of the traffic off of Route 211 and off of North Galleria Drive by letting those entering Wal-Mart directly rather than go down North Galleria Drive because of a weaving problem at that location. Department of Transportation wouldn’t allow another entrance off of Route 211. They suggested that we go off of 84 Lane with this configuration directly into the parking lot. We worked with the applicant. They’ve been very kind and cooperative and has offered the easement gratuitously so that we can make that happen.

G. Lake: Thanks. Is there anyone from the Public who would like to comment on this application?

MOTION to close this PUBLIC HEARING at 7:56 P.M. made by R. Carr and seconded by T. Hamilton.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

G. Lake: Dick, we have twenty three different comments?

D. McGoey: We have worked on most of them and I really don’t see any major problems.

G. Lake: I know the Highway Superintendent, I did speak with him a little bit today. He didn’t indicate anything serious.

G. Bergman: I talked to him and he didn’t say anything. I do have a copy of the traffic study that was submitted to the Department of Transportation. I will give you a copy for the file.
I believe Mr. Grealy spoke to you about it also.

D. McGoey: Yes.

G. Lake: A couple of these he has already put on?

D. McGoey: Yes. We’ve already discussed them.

G. Lake: Are there any major ones we need to talk about?

D. McGoey: No. Unless Mr. Bergman has a problem with any of them?

G. Bergman: No I don’t. We agree and we don’t have a problem. Most of them are very small technical issues.

G. Lake: Let me go through the Board.

A. Dulgarian: Dick, first off, this is the best we can do as far as ingress and egress for this property?

D. McGoey: For, what the Wal-Mart site?

A. Dulgarian: No for this applicant.

D. McGoey: I don’t know of any other way.

G. Bergman: There isn’t.

A. Dulgarian: So, when you’re leaving here you either have to make a right on to Route 211 or you can go back out through the lower level. Let me say first, this is going to be a big improvement for that property. There are a lot of things that I don’t quite understand. Are you going to maintain the downtown dealership or this is going to take the place of that?

G. Bergman: This is going to take the place of the downtown dealership.

A. Dulgarian: The days of having selection of everything, you are going to invest all this money on this site and have only thirty nine cars on this site for sale?

G. Bergman: That’s correct.

A. Dulgarian: Most dealerships have one hundred or more. What I’m getting at, you’re not going to take up another fifty parking places somewhere down the road with cars for sale.

G. Bergman: Absolutely.

A. Dulgarian: They have to have one hundred and . . .

G. Bergman: That’s a little overkill but that’s according to regulations also.

A. Dulgarian: You have to have one hundred and thirteen spots.

G. Bergman: The zoning for the car dealership requires five spots per bay, that’s where most of the parking comes into play because there are sixteen bays. That’s eighty parking spots and will they ever use that, I’m sure not but that’s what is required and that is what we’ve shown.

A. Dulgarian: That’s part of the numbers I didn’t understand why only thirty nine cars. The new cars aren’t even going to be delivered to this site?

G. Bergman: They are not going to be delivered to this site.

A. Dulgarian: So, you’re not going to have any eighteen wheelers in and out of this?

G. Bergman: No, not delivering cars but maybe they will be delivering parts.

A. Dulgarian: Where are they going to unload?

G. Bergman: They will unload by the side.

A. Dulgarian: I know you’re very limited in space here but how many times have we created problems when we didn’t have loading. Your recycling dumpster area here, that is for everything? That’s for pallets, used auto parts.

G. Bergman: We didn’t talk about that but that will be enclosed also.

A. Dulgarian: How much additional blacktopping are you adding to this site?

G. Bergman: We show it over here.

A. Dulgarian: My next question to our Engineer, do you have that under control with the storm water runoff?

D. McGoey: Yes.

A. Dulgarian: I think it’s an improvement but it’s tight and I can’t just see thirty nine cars. How are the bays done?

G. Bergman: Inside.

R. Carr: I agree with Dick, on his comment about the landscaping.

G. Bergman: That will be all addressed. It is not a problem.

G. Luenzmann: You’re going to have a showroom here, correct?

G. Bergman: Yes.

G. Luenzmann: Most of the car dealerships I’ve seen is a mega mall. I also know a few car dealers that don’t do that. They actually have multiple lots and they have a central location and one of them is in Warwick. If that’s the way you want to do business it is up to you.

G. Bergman: That’s the way they will do business.

G. Luenzmann: I also think it’s a great use for the property. I don’t see any problem with ingress or egress. One question where it says the lands of “Lowes”, is this where the road is?

G. Bergman: There’s one lot existing that’s undeveloped there right now.

G. Luenzmann: Is it possible that you might want to expand into that area for parking of the new cars?

G. Bergman: If it were available, I’m sure we would.

G. Luenzmann: I have no other questions.

G. Monaco: I think it is awkward lot but I also think it is a mass improvement over what we had. They are using what they have to their best advantage. I don’t think it’s going to be a problem with cars getting in or out. I am concerned about only thirty nine new cars.

G. Bergman: It’s only a single dealership.

T. Hamilton: Everything has been hit on and it is a great improvement for that lot.

G. Lake: Mr. Bergman, we do have the twenty three comments. You’ve already stated you have no problems with that, is that correct?

G. Bergman: That’s correct.

MOTION for a NEGATIVE DECLARATION subject to any comments added on made by T. Hamilton and seconded by G. Luenzmann.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

MOTION for SITE PLAN/SPECIAL USE PERMIT subject to all comments made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

1. DEMOUTH - 2 LOT SUBDIVISION - Route 302 (7-2-15.32) #031-003

D. Yanosh: I am the surveyor for the project. It is a 9.29 acre parcel of land here in the RA zone on the southeast side of Route 302 in Circleville. There is a pond in the front. It is an existing 9.29 acre lot with one two-story apartment building on it which is located on the northerly corner of the property. What we show up here in the middle is, years ago in the early 1960's Mr. DeMouth’s father built three apartment buildings down below. One of them has access through a subdivided road and the other two have access from another easement on the other side. I’ve showed them for everybody to see what the whole property looks like in the beginning. Mr. DeMouth himself lives in the existing house in the middle, which is lot #C. What I tried to do is color in the whole site. The pink are the lots that are separated already. An open area development was created many years ago by the Planning Board and Town Board. Who knows when. Again, there are three apartment buildings in the front and Mr. DeMouth lives up here in the back. All we’re concerned about right now is this piece that is outlined in orange. What we plan on doing here is cutting off one lot, a two acre parcel of land, 2.52 on the southerly side of the property and use the existing driveway coming in, branching off and going up the hill to the new house for Mr. DeMouth’s daughter and son-in-law. Right now they presently live in the apartment down below here. It’s a flag lot but it’s a beautiful piece of property. I showed a twelve percent driveway to get up in there. This is probably the easiest place to get up there.

R. Carr: Dan, right now that’s all one big lot?

D. Yanosh: Yes. It’s three separate tax map parcels. They were created many years ago.

R. Carr: What’s the purpose of this remaining property?

D. Yanosh: He has another son. He might want to put another house up there. He’s very particular with how he gives stuff to his sons and daughters.

A. Dulgarian: How is the next one going to happen?

D. Yanosh: If he wanted to, he could probably put in a private road, do something else with it, but he wants to leave it open for now.

G. Luenzmann: Let me go through the Board.

A. Dulgarian: Nothing.

R. Carr: Nothing.

G. Luenzmann: I just want to make sure that Dick is satisfied with his comments, particularly item #4.

D. McGoey: I’ve figured it out since. I have no more comments.

G. Monaco: No further comments.

T. Hamilton: As long as Dick’s comments are taken care of.

D. Yanosh: We will do a cross easement between. There is an easement now for the driveway coming in for all those lots right there. A new maintenance agreement will be put on the plan to show for the other lots. We are in right now to Eustance & Horowitz for our septic system approval.

MOTION for a NEGATIVE DECLARATION made by G. Monaco and seconded by G. Luenzmann.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

MOTION for a TWO LOT SUBDIVISION subject to Dick’s comments made by G. Luenzmann.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

2. PLAZA AT CRYSTAL RUN - SITE PLAN/SPECIAL USE PERMIT - North Galleria Drive (78-2-5.21) #024-003

J. Braveman: I’m the Manager for Topper Associates for the Plaza at Crystal Run. This is actually, I believe, a Site Plan review of an original approval that was granted in 1994 and amended in 1999. It is a Site Plan review of a Phase 2 of the original project but the more expert on this is Mr. Duff who did the original plans for the original project.

T. Hamilton: A real quick question. Plaza at Crystal Run was on the other side of Route 84. I believe this is Legends.

J. Duff: Yes, formerly lands of.

T. Hamilton: Whose who then?

J. Duff: Formerly when Pyramid went in there for the original Site Plan approval the project was lands east of North Galleria Drive. Now Topper Associates owns the parcel and has not become Plaza at Crystal Run.

T. Hamilton: Is that shown somewhere?

J. Duff: That’s on the title sheet. I’ve also indicated that it was formerly lands east of North Galleria Drive. We’ve had a couple of work shop sessions. Like it was mentioned before, the Phase I and Phase II were approved back in 1994. The only outstanding parcel that had not been built or building that had not been built was called building #4 which was approximately twenty two thousand square feet. We’re looking to put in two structures. One potentially a restaurant facility and the other a retail and the combined total square footage is twenty two thousand. All of the utilities were constructed originally under the Phase I project are being utilized. The lateral, the sanitary sewer lateral for the building #4 exists. We’re going to tie into that for the restaurant facility. We’re going to enhance the grading that’s out there that’s pretty much at grade for the most part and we’re going to be butting up against the southerly wetland boundary.

G. Lake: How far back just so everybody gets a feel of it?

J. Duff: Showed the members on the map the line that shows the trench line. On the other side of that is the plateau that was left rough graded for the potential use of the building #4.
G. Lake: Please show the rest of the Board. Dick, your comments?

D. McGoey: They’ve submitted a written response to them which I looked at today. Their responses appear to be satisfactory.

G. Lake: Let me go through the Board.

A. Dulgarian: The restaurant, what’s the dining deck overlooking? Is it that swamp back there?

R. Duff: Well, you can call it a swamp but I think it’s kind of a nice feature to be looking at off of the deck as your eating there.

A. Dulgarian: What’s this area?

R. Duff: It’s a pad for a customer waiting area.

G. Lake: At the work session, we asked them to show a waiting area.

A. Dulgarian: In this six thousand square feet there’s room inside for patrons?

R. Duff: Right now there is a capacity to handle about forty two people in the waiting area.

A. Dulgarian: The other thing that we always discuss is that it is screened and out of view.

J. Duff: Yes. If you look at the last drawing, it shows an elevation view. On the bottom one you can see right in the center there, what that is, is a project of the building. The retail building which is going to be a split face block. That extends out in a southerly direction and if you look on the right hand side of that, that’s where the gates would be. You’re coming in from the back side of what we call building #4.

A. Dulgarian: Do you have tenants lined us for these or hopefully?

J. Braveman: We’re in negotiations with two different tenants.

A. Dulgarian: Dick, you said this has all been approved once and met all parking standards at that time and it was included in all the traffic studies?

D. McGoey: Yes. They had to add some parking because they put in eating and drinking.

A. Dulgarian: What we’re really concerned about all the small things that we touch up on with eating and drinking.

R. Carr: The loading will be from the front of the furniture store?

R. Duff: Yes.

R. Carr: You will have your trucks back up?

Continued