4. WAL-MART DISTRIBUTION - SITE PLAN/SPECIAL USE PERMIT - EXTENSION - Route 17/Route 17K (1-1-66, 67.1, 44, 43, 1.2 & 2.222) #057-002

P. Hentschke: I am here for Wal-Mart to request an extension of the Site Plan and the Special Use Permit for one year if possible. It’s for a large project complex as you all know when you approved it a year ago. The timing of this is critical for it to be successful for Wal-Mart and the community, the timing of when it’s built is very important for the financial as well as the mortgage conditions. When this becomes operational it’s going to be a major change in Wal-Mart’s distribution system for the region. Those are the reasons we are here tonight asking for an extension.

G. Lake: And this is the first one. I will go through the Board.

A. Dulgarian: When were you granted an approval?

P. Hentschke: February 26, 2003.

A. Dulgarian: I have no problem with granting it.

R. Carr: No problem.

G. Luenzmann: I have no problem.

G. Monaco: I have no problem.

MOTION for a ONE YEAR EXTENSION 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

5. TOWER RIDGE APARTMENTS - SITE PLAN/SPECIAL USE PERMIT - Tower & Leewood Drives (40-1-64) #030-097

M. Blustein: We were here on October 1st. The Public Hearing was closed at that time. It was a continuation of the September Public Hearing. There have been some work sessions with Mr. McGoey.

G. Lake: Why don’t we start with Dick’s comments?

D. Schmaizie: Item #1. Additional details have been provided for the clubhouse area, the gazebo has not been dimensioned and is a poor detail. Insufficient dimensioning has been provided for the patio area and clubhouse. No gate or sidewalk has been provided to the tennis court. We could not find the spot elevations referred to in the Tectonic letter of January 13, 2004. In general, 60 scale plans for site development approval do not allow for efficient detail. We had discussed at a work shop that we weren’t going to provide the final design of the gazebo, it was just going to be the general size and so on and the details would be submitted.

D. McGoey: I don’t mind that but it wasn’t even sized.

D. Schmaizie: Okay.

D. McGoey: It was a lousy photocopy of something that was slapped on the plan, no size, no dimensions.

D. Schmaizie: We can go ahead and provide that, that’s not a problem.

D. McGoey: I will need the detail of the construction.

D. Schmaizie: Fine. The pool and the patio area are dimensioned and detailed 4C404 and that is also where the spot elevations are on that.

D. McGoey: I didn’t see them on my site plan.

D. Schmaizie: There are two 4'x4 gates to provide entrance for the tennis courts. We will show it on the tennis court detail. One on each side at the top of the net and we weren’t planning a sidewalk there. If you require one, that’s not a problem.

D. McGoey: I couldn’t see how you could get from the patio area to the tennis court. It didn’t show on your site plan. Are you walking across grass?

D. Schmaizie: That’s what we planned. We weren’t planning on any ... They would be getting to the tennis courts from all the different compartments and not necessarily from the clubhouse. Item #2. Although sidewalks have been shown along Leewood and Tower, insufficient detail has been provided to show whether sidewalks will be constructed with respect to the curb line. The cross section provided on Sheet 11 of 16 should show the location of the existing curb with respect to the sidewalk for planting and snow storage. What we did with that, was we since there are no sidewalk interior, we just showed a typical sidewalk and we had a three foot dimension from the face of the curb to the edge of the sidewalk along Leewood as a typical and that was to match the sidewalk on the other side of Leewood Drive. Again, it wasn’t in detail on the plan. Item #3 & #4. The request by the Highway Superintendent for micro surfacing of the roadways as a result of open cuts, in our opinion, should go far beyond the limits of the trench. We believe it is the intent of the Highway Superintendent to blend the micro surfacing top course into the surrounding pavement. This should be verified with the Highway Superintendent. To date, we have not received comments from the new Highway Superintendent, John Lippert. The Tectonic letter indicates that all comments received from the Highway Superintendent have been addressed. Please advise as to whether the applicants engineer has received comments from John Lippert, and if not, this should be accomplished. We talked to the new Highway Superintendent and he did request and he said he was going to follow up with a letter saying that the all the resurfacing or any replacement work within Tower and Leewood was just to match the current surface with his approval. We’re going to add that terminology. He also wanted to see site distances shown on all three driveways. He didn’t see that as a problem. He just wanted it on there so it would be part of the record. That’s no problem. We will provide it. To date,

D. McGoey: You answered that.

D. Schmaizie: Item #5. With respect to the need for a truss plate and lock box, not 7 on sheet 101 should be revised to include the proposed clubhouse. This note only refers to the apartment buildings. That’s not a problem. What we’re going to do with that is just modify the note that will be required on all buildings, required by the Fire Inspector or Building Inspector needs to be put on there. Item #6. We would recommend that a formal SEQRA finding be adopted to include roadway mitigation required as identified in Collins generic environmental impact statement. In addition that a developer’s agreement be entered into much like the Kabro project. I don’t know where the Town is with that. I know you had talked to the owner and had some discussions. I was not party to that.

D. McGoey: They were in agreement to install a traffic light.

D. Schmaizie: Right.

D. McGoey: At the intersection of Tower and Industrial Drive.

D. Schmaizie: Correct.

D. McGoey: This comment relates to having some mitigation in your SEQRA findings as part of.

M. Blustein: I believe that we had a meeting probably back in the Summer and the applicant’s been here several months.

D. McGoey: One of the things the Fire Department indicated that there are still some issues with the turning radii of the trucks on the entrance drive.

D. Schmaizie: We submitted the turning radius to the Fire Department. I don’t know if Mr. Cummings had a chance to review it.

D. McGoey: He did and they don’t work.

W. Cummings: I submitted it to the Town Engineer and I don’t believe they work at least one location. I will have to work with you on that but that has to be cleared up.

A. Dulgarian: Is this off of Leewood or off of Tower?

W. Cummings: I believe there is a divider. We would just go right over it every time.

G. Lake: I will go through the Board.

A. Dulgarian: I think we’ve done a pretty good job on our end and I know the applicant has been very forthcoming. I believe we’re almost there. I don’t have any issues at this point.

R. Carr: No problems.

G. Luenzmann: We’ve seen it for a long time. I think it’s a good project and they’ve been very responsive to our requests. I just have a question for Dick? Is there anything planned for traffic mitigation on Tower Drive and Silver Lake Scotchtown Road.

D. McGoey: As part of the overall traffic study, this applicant has agreed to participate.

G. Luenzmann: I have no problem.

G. Monaco: It’s almost there. It has been before us a long time. I have no problem.

T. Hamilton: I feel the same way.

G. Lake: Dick, your last comment about the SEQRA document?

D. McGoey: I haven’t seen anything. I wanted to make sure that Mr. Barone has an opportunity to see it.

G. Barone: They prepared a Negative Declaration that addresses the traffic light at Tower Drive and Industrial Drive. I have a draft of the developer’s agreement that I will have to circulate to Mr. McGoey and Mr. Blustein for their review.

D. McGoey: The mitigation will be on top of that in the generic environmental impact statement and the fact that the other developers are included to tie it all in. There are other mitigation that they will be responsible for in addition to the traffic light at Tower and Route 211.

G. Lake: Basically we have to wait for you to get together now and straighten this out?

M. Blustein: I don’t know if we have to wait. It sounds like we’re all on the same phase. We could do a Negative Declaration.

G. Lake: I think the whole Board agrees but we want to make sure we get it right, that’s all I’m looking for right now.

G. Barone: You can make it subject to the acceptable developer’s agreement being entered into.

A. Dulgarian: And also the Fire Department comments.

G. Lake: That would be included in all of Mr. McGoey’s comments.

R. Carr: Was part of your comment that the Negative Declaration include the developer’s agreement for the payment of traffic mitigation measures?

D. McGoey: We will do it just like we did Kabro’s. The language in Kabro’s spells out exactly what we do and how we’re spending it and how everybody is contributing based on the traffic contribution and then it includes other mitigation.

A. Dulgarian: And, we’re also putting it in Dick’s hands since he came up with it anyway.

MOTION for a NEGATIVE DECLARATION (SEQRA) accepted on the condition that the developer/applicant incorporate into site plan comments of Richard McGoey, P.E. set forth in his memorandum dated January 24, 2004, that the developer enter into the required developer’s agreement for the payment of traffic mitigation measures and construction of traffic mitigation measures as provided for in the comments of Richard McGoey, also all of Mr. 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 PRELIMINARY APPROVAL accepted on the condition that the developer/applicant incorporate into site plan comments of Richard McGoey, P.E. set forth in his memorandum dated January 24, 2004, that the developer enter into the required developer’s agreement for the payment of traffic mitigation measures and construction of traffic mitigation measures as provided for in the comments of Richard McGoey, also all of Mr. McGoey’s comments made by G. Luenzmann and seconded by R. Carr.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

M. Blustein: Mr. Chairman we were requesting for you to consider a resolution for Final Approval because a Preliminary is the same as a Final. We’ve been beating this around for over a year.

G. Lake: Why don’t we, I would prefer let’s get this paperwork done to have everyone have a change to look at it.

M. Blustein: It’s the same paperwork for Preliminary and Final before it gets backed up and the next time we’re back here it will be May.

G. Lake: As soon as they get back to us, I and the Board would like to make sure that they’re really comfortable. What do you think about going to Final tonight conditioned upon the same thing?

A. Dulgarian: Is it customary?

D. McGoey: It depends upon the size of the project. Kabro received Preliminary also.

M. Blustein: This project was approved once before. I mean, it’s not like it’s a new project.

G. Lake: Get it done and we will get you back on as soon as we can.

M. Blustein: I appreciate your caution, Mr. Chairman and certainly I’m the first one to say that the paperwork should be in order. We would request that we receive permission from the Planning Board to allow the applicant to start clearing the property especially now that the ground is frozen it would be much less of a mess. We would ask that it be conditioned up though of posting whatever financial security that would be appropriate as well as the issuance of a State SPEDES permit.

D. McGoey: We’ve done that before.

G. Lake: I don’t have a problem with it.

MOTION to allow applicant to start clearing the land 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

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