R. Duff: Yes.

R. Carr: What is the gravel area?

R. Duff: What that represents, is what is out there right now.

R. Carr: Is that going to be paved?

R. Duff: That’s all going to be paved.

R. Carr: I guess my only concern would be if there would be a better way to make deliveries.

G. Luenzmann: Item #2 on Dick’s comments. Has the parking been satisfied?

D. McGoey: Yes, we straightened that out. They’ve recalculated the square footage with the Olive Garden and Pier I and they still satisfy the parking requirements.

G. Monaco: You said you had room for waiting patrons?

R. Duff: There’s areas.

G. Monaco: Are they centrally located?

R. Duff: Predominately it is centrally located in the front entrance off of the front entry area. I do have that breakdown if it needs to be presented. The reception area waiting area is about four hundred and fifteen square feet. The way it is calculated is one per five square feet.

T. Hamilton: Does this require a Public Hearing because of the eating and drinking?

D. McGoey: Well, we should ask the Attorney because we had eating and drinking for the Olive Garden.

T. Hamilton: Yes, but that was for that square footage.

G. Barone: Was it on the prior approved plan or is this a new use?

R. Duff: It was unidentified retail space.

G. Barone: So, that is a change and would require a Public Hearing.

T. Hamilton: The other question Dick, is there a way for us having the applicant fill up the mine field, the road that goes around in front of Lowe’s before this gets underway? It’s a disgrace when you drive through there and then is all part of the same ownership?

D. McGoey: No, it’s not.

T. Hamilton: I thought it was Legends.

D. McGoey: I think this is separately owned.

J. Duff: This is no longer Pyramid ownership or PTM Development.

T. Hamilton: No, that was Legends. I’m not talking about North Galleria Drive. I’m talking about the road in back.

D. McGoey: It was a separate approval. They are separate owners now. The site where Olive Garden is, that’s owned by somebody different.

T. Hamilton: Who owns the roads?

D. McGoey: The property owners.

T. Hamilton: And who is the property owner? The road that goes down behind Sam’s Club over and around past Lowe’s.

D. McGoey: That’s probably Lowe’s.

T. Hamilton: That’s who we should go to then. I thought it was all part of Legends.

G. Lake: Mr. Barone, you’re telling us this does need a Public Hearing?

G. Barone: Correct.

MOTION to schedule a PUBLIC HEARING for August 6, 2003 made by G. Monaco and seconded by A. Dulgarian.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

M0TION CARRIED. 6 AYES

1. FOGARTY/ALL STATE DEVELOPERS - LOT LINE CHANGE - Bert Crawford Road (53-1-4, 2.2) #027-003

J. Nosek: I am with Roger Ferris Engineering. This is a proposed lot line change between Mrs. Fogarty and All State Developers. As the Board is aware, All State Developers is proposing an eight lot subdivision that’s scheduled for a Public Hearing July 16th. What we are proposing to do is just basically do a little land swap more or less in favor of Mrs. Fogarty giving here a little more land than we’re taking. Basically what we’re looking to do is trying to make the lot more conforming, which it is. We put the driveway on her lot to give her a larger side yard to the property line and it makes her lot much more conforming and I believe fully conforming as opposed to the way it is right now. We wanted to just incorporate this into the subdivision and go through the subdivision approval process, file all the maps simultaneously. Mrs. Fogarty really wants to sell her home relatively soon.

G. Lake: I will go through the Board.

A. Dulgarian: Nothing.

R. Carr: I have no problems. I’m just curious, why don’t you bring this lot line out to here?

J. Nosek: If you look at the subdivision plan, we have a water main that’s going to through there and tie into the water main and loop through this property and then tie back in. We need that land for the water main as well as the easement that’s required by the Town for the maintenance of the water line.

R. Carr: I have no other problems.

G. Luenzmann: I have no questions.

G. Monaco: No questions.

T. Hamilton: None.

MOTION for a NEGATIVE DECLARATION subject to D. McGoey’s comments 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 a LOT LINE CHANGE subject to D. McGoey’s 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

2. JACKSON/RIX - LOT LINE CHANGE - Reservoir Road (32-2-19.221, 53) #029-003

J. Jackson: I’m asking for a lot line change for the Rix property. The map in front of you, last year I purchased the twenty six acre portion which is the large “L” shape portion of it to develop of which I have a basic outline for an eight lot subdivision. I’ve worked with Mr. McGoey on it. The property that I’m talking about is right in the corner right off of Reservoir Road. This one piece of property right here is a long “L” shape property that goes around this property right here. The first line that you looked at just about where that 250 mark is on the upper line, this would have been one of the properties for sale which would come all the way out to the road. That’s that little line in there which is really of no value to the property that’s in here. The people over here asked me one day if I would consider selling some additional land. Their driveway currently goes across this twenty seven acre piece of property which I’ve had no problem with. They just wanted to have some extra property. This is all wooded right now of which he wants to use part of it for a garden, etc. off of the driveway. They have a long area but it just seems beneficial because this piece of property, as I said, is a long “L” shape thing and it is wasted space for somebody that would be in this lot right here. For the Rix people it seems to work out beneficial to them also. The line for the road for the future development would be coming in at this point right in here which is a fifty foot right-of-way that comes into this portion right here. The other side of the road which I don’t really have in here, this is a future development of which I will be coming before you at a future time when we have the basic lot layout. I haven’t been able to dig the test holes or anything like that because of the water.

G. Lake: Let me ask you something. In doing this are you going to be creating a non-conforming lot on the other side or do you have enough room? Do you know that much at this point?

J. Jackson: Over here?

G. Lake: Right.

J. Jackson: Yes.

G. Lake: I think what I’m asking you is do you know that you’re going to have enough for this lot?

J. Jackson: Yes. This is all wetlands down in here. I think this whole lot looking at it now might be in Federal Wetlands.

G. Lake: Okay.

D. McGoey: What the Chairman is saying is, are you cutting yourself short by taking this piece and adding it to this lot rather than keeping it with this lot and being able to make a building lot out of it?

J. Jackson: No.

D. McGoey: Is there a chance that this road has to move over away from the wetlands, that’s another question?

J. Jackson: The way we have it laid out, we’ve been out there and staked it out and looked at it. The wetlands is really down right into this corner.

G. Lake: You will have buffers that you will need and I just want to make sure before we go through. I’m all for giving it to the person next to you but if you’re coming in later on and all of a sudden you find out that road can’t go through there and you would be disturbing the wetlands and will have to mitigate. Did your Engineer check this out for you?

J. Jackson: Leo Carroll’s office was out there. They have run the stake lines down through here for the center of this road. This is basically a fifty foot road.

D. McGoey: Did they delineate this wetland and do they know there has to be a one hundred foot buffer?

J. Jackson: No, I don’t believe so.

D. McGoey: It’s a State Regulated Wetland. They will delineate the edge of the wetland and then you will have to keep your construction activity one hundred feet away from that. That could push that road up this way. The Board is trying to protect you a little bit here.

J. Jackson: I appreciate that. I see what you’re saying.

G. Lake: It’s up to you right now if you want to continue or rather consult with your Engineer to make sure.

J. Jackson: I would rather find that out first. As Mr. McGoey just said, if there is one hundred feet needed between the wetlands and that, I probably wouldn’t have it if I did it this way right now.

G. Lake: Once it’s done, it’s done and then you’re buying the land back.

J. Jackson: Yes. I would rather check that out first. I didn’t realize there had to be a buffer of one hundred feet in there.

D. McGoey: If it’s State Regulated, it doesn’t but if it’s Federal Regulated, it does.

G. Lake: But we don’t know that right now.

Tabled for further review.

3. THE STAGING LANE - SITE PLAN/SPECIAL USE PERMIT - Carpenter Avenue (50-2-37.1) #031-003

G. Lake: Explain to the Board briefly what you would like to do.

A. Jaczkl: What we would like to do, first off, is open the building up as an ice cream stand kind of like to old style car hop where the girls would go out and serve the food to the cars. We would like to keep the miniature golf and along side the building there was asphalt put in for skate boarding and somewhere along the line we would like to put in remote control cars. We would do two asphalt tracks and one dirt track. The volleyball, we really don’t have any use for it but we’re going to leave it there because Mr. Gurda says we have to. I know there was a problem with the parking lot design. We will comply with anything that’s needed.

G. Lake: And you’re going to have custard, hamburgers and things like that?

A. Jaczkl: Yes.

G. Lake: No alcohol?

A. Jaczki: No alcohol.

G. Lake: I will go through the Board.

A. Dulgarian: Is this driveway going to remain?

A. Jaczki: No. The driveway is gone.

A. Dulgarian: I have no problem with the usage but I would like to see a better sketch on the whole project.

R. Carr: I have nothing.

G. Luenzmann: Is it going to be open all year round or just seasonal?

A. Jaczkl: We’re going to try and stay open all year round. Even if we have to sell Christmas trees.

G. Luenzmann: Put that in your usage. What ever you’re going to do make sure to include everything.

G. Monaco: Nothing.

T. Hamilton: Nothing.

MOTION to schedule a PUBLIC HEARING for August 6, 2003 made by T. Hamilton 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

4. ORANGE COUNTY GOLF CLUB EXPANSION - SITE PLAN/SPECIAL USE PERMIT - Golf Links Road (73-1-26.2) #017-003

W. Abt: I am the Architect for the Orange County Golf Club. We’re basically here to be referred to the Zoning Board of Appeals. We have a non-conforming use that we want to expand with an addition on the front. It is for the expansion of the locker rooms and the relocation of the pro shop. The locker rooms are quite small and they want to expand them to have more space and more room for the existing members. They’re not intended to increase the size of the club or the membership of the club. On top of this addition there would be a little deck area. There is an existing veranda across the front of the building that’s about twelve hundred square feet. We have been to the Zoning Board of Appeals and they have scheduled a Public Hearing for this next month. It is an expansion.

G. Lake: Wait a minute. You’ve already been there?

W. Abt: Yes.

G. Lake: How did you get there?

W. Abt: Just filing an application.

G. Lake: The Building Inspector?

W. Abt: Right.

G. Lake: I’m just wondering why you’re here then if you’ve already been to the Zoning Board of Appeals?

W. Abt: The normal procedure I thought was to come to the Planning Board to be rejected and referred to them.

G. Lake: Yes it is and that’s why it caught my ear when you said you were already to them.
I was wondering how you got there without us.

W. Abt: I had asked Mrs. Thompson if it was necessary to be referred from here to there and she thought no, so I filed an application. They do have a hearing scheduled for it in July to consider the expansion of a non-conforming use. It’s in the R-1 zone and the Golf Club has been there since about 1899.

G. Lake: Dick, have you had a work session at all with this?

D. McGoey: Yes.

T. Hamilton: But, he’s going to need how many meetings with the Zoning Board of Appeals?

G. Lake: He said he already had his review.

MOTION to refer applicant to the ZONING BOARD OF APPEALS 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.

5. KALIRAO GASOLINE STATION - SITE PLAN/SPECIAL USE PERMIT - East Main Street/Schutt Road (50-2-17.2, 18.2, 19.2) #005-003

A. Fusco: