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G. Lake: Mr. Owen, do you have anything on this?

P. Owen: Sidewalks.

J. O’Rourke: Sidewalks, if you remember when we were last here our take is we would basically rather not have sidewalks. There are no sidewalks adjacent to this place. This is a small ice cream store. I understand it’s not like Orange Plaza. It would amount to four hundred and fifty linear feet of sidewalk. So, we would rather not put it in. We spoke with the County and the County doesn’t care either way.

P. Owen: I understand it’s a small building. However, if we don’t do it at some point who knows when we will be able to do it. I think sidewalks in that general vicinity are needed.

G. Lake: I see more and more people walking on that road.

R. Carr: People are walking out in this area and it’s dangerous. It’s just a dangerous area. If it’s not done now, we may never get it done.

J. O’Rourke: I don’t disagree with any of your comments. It’s just again, one more time, there is our place and we would put sidewalks in. But then you have Orange Plaza across the street, the Price Chopper, Circuit City, Media Play Complex. I mean there is nothing along Route 211.

R. Carr: As the businesses turnover and they come in here,

G. Lake: I think also if you see in other parts of the Town and very close to this, Silver Lake Scotchtown Road, we’ve started putting sidewalks up there. We know it’s tight and it’s going to be very difficult but I know in the last six or eight months, all summer we had a lot of sidewalks going in.

J. O’Rourke: Again, if the Board wishes that we would basically accept that and put it as a condition of approval that we would have sidewalks.

G. Lake: Let me finish up.

R. Carr: And, in terms of landscaping. What is the distance, this island here?

J. O’Rourke: Approximately four hundred feet.

R. Carr: Four hundred and fifty feet and I’m looking at four trees. I really think you need more landscaping. The idea it to kind of upgrade the looks.

J. O’Rourke: I don’t disagree. If you look at the architectural renderings, we do have evergreens in here. We can put a couple of hardwood trees along the front.

G. Luenzmann: I agree on the sidewalks that, we should have them. Also more landscaping.

G. Monaco: I’m in favor also for the sidewalks. I would like to see more landscaping.

J. O’Rourke: Again, we are putting six hardwood trees in there. If you want some more we certainly would but we also have evergreens mixed in. We can surely add more.

T. Hamilton: I agree with the sidewalks. Dick, on this lot fill to be smooth and area to be stabilized, see detail. Are we going to have another wall come down as we did at the Galleria, where the mesh fabric.

D. McGoey: Mr. Hamilton, that slope already exists. I’m trying to get them to stabilize what is actually there.

J. O’Rourke: Again, that slope is there. What we’re proposing is basically to put topsoil on it, smooth it out, and then on top of that.

D. McGoey: I’m trying to get them to protect that now.

T. Hamilton: There was nothing that was filled from the Shop Rite project? I’m just going on what I heard from the Public.

D. McGoey: Some of that fill is fairly recently.

T. Hamilton: Was it brought in and compacted like it was supposed to?

D. McGoey: There is no way of telling.

T. Hamilton: Let’s get something on there that’s going to keep it in place. Otherwise, we will have a parking lot in the bottom, in the creek at the bottom.

D. McGoey: Right.

T. Hamilton: Not knowing how they put it in.

J. O’Rourke: Again, I think that’s why Mr. McGoey had us put the topsoil on and smooth it down and put the matting on top of it to protect that soil.

T. Hamilton: Is that matting going to hold?

D. McGoey: Yes, the matting will hold. Will the fill move, it may. I didn’t see it go in. But what I’m trying to have him do is to try to keep it from eroding the surfaces.

T. Hamilton: I just don’t want us to be approving of a stabilization for that area and not knowing how what’s underneath it. How can you stabilize it if you don’t know how it was put in. Your stamp is going to be on this piece of paper.

D. McGoey: I’m not sure that’s our issue. It is not a new fill. This is an old fill. I think that’s probably a Building Department issue. They have to prove that the building is detailed for that.

T. Hamilton: What about the parking lot?

D. McGoey: The parking lot . . .

J. O’Rourke: The parking lot we do note that it has to be (not clear) in front of the Town Engineer. There are no buildings proposed in the back slope area which is eroding now. We’re not proposing anything in the back steep area other than to stabilize it.

T. Hamilton: I don’t want them to think that yes, we approved the stabilization for this and found out that it’s not going to last because we don’t know how it was put in.

D. McGoey: The stabilization’s are always uncertain.

T. Hamilton: Are there tests that they can do to check for the compactness? I don’t know. I’m not an Engineer.

D. McGoey: Yes there are. It would be something for the Building Department.

J. O’Rourke: The Building Department when they do the foundation design, they would have to do that.

G. Lake: On that, it would be the Building Department then?

D. McGoey: I would say.

G. Lake: I think the Board wants the sidewalks. The only other thing I’ve got to say about the landscaping and I agree with the rest of the Board one hundred percent about the landscaping. Let’s beef it up a little bit but by the same token you have to make sure that people can see getting out.

J. O’Rourke: Exactly. I think we pulled most of them back from the County right-of-way line.

G. Lake: Silver Lake, come up for a second.

J. O’Rourke: There is a hydrant which is located, which is existing.

D. Hammond: I can’t just look at it.

G. Lake: We apologize that it went to the wrong person. Is there anything major that you can pick out real quick?

D. Hammond: I need to know what’s on top of the roof, if anything.

J. O’Rourke: There is a note.

D. Hammond: If there is a parapet, I need to know how deep it is.

J. O’Rourke: That will be done during the Building Permit process.

D. Hammond: The fire lane. The width of your entrance. I would like to see that exit a little bit wider. The entrance is fine.

J. O’Rourke: The exit, basically was a bonus that the County granted us. They didn’t want any exits. That’s pretty well locked into that size. There is a knox-box system noted.

D. Hammond: Really, everything else is just . . .

G. Lake: Again, we apologize that it went to Mechanicstown instead of Silver Lake.

MOTION for a NEGATIVE DECLARATION subject to sidewalks made by P. Owen and seconded by T. Hamilton.

P. Owen: 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 sidewalks and other comments made by P. Owen and seconded by G. Luenzmann.

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

4. WISNER CORNERS - SITE PLAN/SPECIAL USE PERMIT - Wisner Avenue & Carpenter Avenue (74-5-1) #062-003

G. Lake: Bring us up to date after your Public Hearing, what was done.

K. Pinkham: This is my first appearance before the Board with these plans. I have the latest comments. We’ve addressed some of them in a recent plan. They don’t look like the plan that you have in hand.

G. Lake: I see you just gave us some light stuff in. The first comment is the lighting.

K. Pinkham: That first comment was on the lighting of the curbs. We reduced the candle to .45 foot candles.

G. Lake: Dick?

D. McGoey: It appears okay.

K. Pinkham: There was also a comment on the lighting fixture, which would be fixed so there would be no illumination on any other property. The information I gave you indicates what we will be using.

G. Lake: Go ahead.

K. Pinkham: Item #2 is the four foot berm in the back of the property. That appears on the plans now. I don’t think it appeared on the previous plan but that’s been addressed. Item #3 sidewalk and curb details will be provided in the plans. We show the three foot grass strip on the plans.

G. Lake: Dick?

D. McGoey: He addressed it, right?

K. Pinkham: Yes. And as far as the note combining the lots, we provided it on the plans. Mr. Gesztesi is here to comment on item #5.

B. Gesztesi: In reference to the comment for the restaurant, I want to make a note that prior to the Mexican Restaurant on the property there now, previously there was a Bar. DJ’s had a Bar and the time before that. There was some concern about the distance from the Bar to the residential homes, if it was going to be a Bar. I have an aerial photograph that shows how far it is from the other properties to the property line. It is one hundred sixty five feet from the homes. It is quite a bit of a distance from the building and the property line. There’s never been a problem before when it was a Bar and this time we’re not sure. The only thing that we are sure is that the Mexican Restaurant wanted to move into the new space if it was approved and I put together a list of potential types of businesses and it’s not limited to that because of some of the ideal type of candidates we would be looking for. Again, we’re looking for family type businesses. My wife is a third grade teacher at St. Joseph’s School and I’m a retired Counselor from New York State. We want to do something family related and good for the neighborhood.

G. Lake: Okay.

K. Pinkham: Item #6. There was a concern about trucks . . .

G. Lake: Into the loading docks.

K. Pinkham: Exactly. We’ve provided two (not clear) and in the rear we did the actual turning compass for a single unit truck. We provided that we have an inside turning radius minimum by the Town of thirty feet, outside turning radius of fifty feet. From the turning template, we’re well within the turning radius.

G. Lake: Is that only for straight jobs?

K. Pinkham: I believe it is for a single unit.

D. McGoey: I don’t think tractor trailers will get around.

B. Gesztesi: It would probably be pick up trucks.

R. Carr: I have a problem with that with a truck here and another trying to get through.

G. Lake: How about the Fire Department comments? Did you have a chance to review those and look at them. You should have gotten them back in October.

B. Gesztesi: Today I spoke with Paul Smith in reference to his comments. He requested twenty five feet from the building. I explained the way it was proposed, it called for fifteen feet, and we’re putting eighteen feet plus the six foot sidewalk bringing it to twenty four feet. Mr. Smith said that he could set up his hook and ladder and could back in with maybe twenty, twenty one feet. They would like twenty five feet. I asked him if I could quote him on that and he said yes. He would go along with it. It’s a one story building. There’s no parapet.

G. Lake: Are you going to have the Knox-Box system and the truss plate markings in front of the building?

B. Gesztesi: Yes.