G. Fitamant: You have the utilities in that back corner, etc.

G. Luenzmann: That brings me to the point I have been hearing the other Planning Board members echo and that is if you ever put something here it will never come to be because you don’t have the parking. I don’t know how you’re going to put all the snow in here.

G. Fitamant: That’s not the only place but that’s the major dumping place.

G. Luenzmann: The other concern I have right here is the drive thru lanes as you come through, you’re going to have pretty fast traffic coming around here and coming out of the parking lot. Wouldn’t that be better to have this straightened out? It seems that you’re going to have a lot of traffic coming this way, to slow up and make that right turn or left hand turn into there is going to be difficult.

G. Fitamant: There’s stacking here so once the cars turn they can certainly get up to this point and there is enough room.

G. Lake: When we get back in another work session, trust me, that will be brought up.

G. Luenzmann: That’s one of my major concerns.

G. Monaco: I’m concerned about the snow removal.

T. Hamilton: Definitely circulation through that parking lot. The drainage on that lower side of that slope, will it handle that snow being pushed over the bank and down there. We’re also going to need some kind of configurations on these buildings just enough for the Fire Department to give us some sort of letter saying they can live with it or no, they can’t. We will need to know the dumpster locations.

A. Dulgarian: In the front of the store there are you going to have more cuts as far as door cuts. Are these all separate businesses now?

C. Bazydlo: Yes. We have an elevation.

A. Dulgarian: My big question is the future storage space in the back, that’s going to be for one of the tenants, right? That is not going to be something that needs to be accessible from the back?

C. Bazydlo: No, not at all. We explained once before that you have K-Mart as a large space right now and you cut it up into these six different retailers you end up with a dead space in the middle.

A. Dulgarian: But there won’t be any access from the outside.

C. Bazydlo: It’s not meant to be a public storage space or anything like that.

A. Dulgarian: I think you are doing a great job with this project and we’re just trying to get it the best it can be for the Town.

T. Hamilton: On Mr. Dulgarian’s thought, storage and deliveries for those smaller pieces?

G. Fitamant: It’s kind of similar to what you have over at Kohl’s.

T. Hamilton: It’s not so trucks will be parked in the front.

G. Lake: The only thing that I have that wasn’t mentioned is on these restaurants and I think we talked about it the last time was the people standing out front. I believe we talked about it every time for the restaurants and you said you would look into something to make sure benches were outside. You go to Applebee’s when they are busy and there are people all over the place.

A. Dulgarian: The only place they had it was at the donut shop.

G. Fitamant: At this present time is our only known tenant.

G. Lake: At any nice evening there could be fifty to sixty people standing outside. I just think you know the square footage of the pads you are putting up. I think you can give us something now so that it will fit.

T. Hamilton: And the parking to go along with it.

G. Lake: I just think we’ve been lucky so far, nobody’s gotten hit somewhere and I think that is a chance to make it right. Your Public Hearing is closed. You have heard the concerns of the Board. Call Carol next week and get a date for another work session.

Tabled for further review.

1. CHRISTIAN FAITH FELLOWSHIP - SITE PLAN/SPECIAL USE PERMIT - EXTENSION - M & M Road (14-1-29.1) #056-002

T. DePuy: We’re requesting an extension on this project. We have submitted some stuff in to the Department of Environmental Conservation for a permit and a sewerage plan approval which we’re waiting on. In addition, we will be back to the Board in two weeks to do an amended site plan on this project also. We need the extension now.

A. Dulgarian: Has this project received an extension before?

T. DePuy: No.

MOTION for a ONE YEAR EXTENSION made by A. Dulgarian and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

2. OWEN - ZONE CHANGE REQUEST - MI to RA - Stony Ford Road (61-1-5.2225, 23.21, 23.333, 23.23)

J. Owen: I live at 430 Stony Ford Road and I have a fifty acre parcel down there that’s divided RA and MI and it’s going to be surrounded more or less by RA. There is a lot of residential in that area. I wanted to make my whole property RA so it could give me a little bit more options what I can do.

G. Lake: You say your property now. I road down there to take a look at it. You say your property is already now divided?

J. Owen: The railroad bed divides it from the RA. Behind the railroad bed is MI.

G. Lake: The area that you want to change?

J. Owen: Yes.

G. Lake: Does that touch, because I believe the railroad bed would be a natural, just like a road? The MI that you want to change to RA do you touch any RA now? Do you know what I am saying?

J. Owen: No.

G. Lake: This is your railroad bed. Where is your MI and where is your RA?

J. Owen: This whole portion back here is MI.

G. Lake: This is RA?

J. Owen: Yes.

G. Lake: Mr. Barone, I have a question for you. The problem as of right now this may be something we may not be able to entertain at this point because. . .

J. Owen: They are all separate deeds.

G. Lake: You are asking to change two parcels. The question is at this point, this is now before the Town Board. Everything else around him is MI. This is RA and he also surrounded by the railroad bed.

G. Barone: You can act on this. You can say because of circumstances it is not contiguous to his substantial property RA. Or you could say it would depend on what the Town Board does with this eighty six acres which may shift your recommendation. There is nothing that bars you from acting on this at this time.

G. Lake: Right now all we can do is set a Public Informational Meeting.

G. Barone: Correct.

G. Lake: My concern is if we do that since he’s really not touching RA.

G. Barone: You can set the date for the Informational Hearing and if the Town Board acts on the other parcel by that time.

G. Lake: Do you understand what I’m saying?

J. Owen: That it doesn’t touch RA?

G. Lake: It has to otherwise spot zoning we’re not allowed to do.

J. Owen: And you’re saying with the railroad bed that’s a natural?

G. Lake: I understand what you’re saying now. I will go through the Board.

A. Dulgarian: The eighty six acre parcel?

G. Lake: That was before us about two or three weeks ago. We sent it to the Town Board and it passed with a four to three recommendation for.

A. Dulgarian: And, if that passed, then he would be next to RA.

G. Lake: Correct.

P. Owen: I just have one question. Right beyond the railroad bed on the other side is RA.

MOTION to schedule a PUBLIC INFORMATIONAL HEARING for June 4, 2003 made by T. Hamilton and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

3. SOTELO - ZONE CHANGE REQUEST - PID to R2 - Mud Mills Road (36-2-27.51)
Cancelled.

4. SELFCO - SITE PLAN REVISION - East Main Street/Schutt Road (50-2-53.2) #042-002

J. O’Rourke: I am from Lanc & Tully Engineers. We were here about this time last year. At that time the Board had some concerns with the amount of the buildings that we had and at that time we redesigned and had to go to the Zoning Board of Appeals for a side yard variance. Since that time we received the Zoning Board of Appeals variance for the side yard setback. In this area of here, we’ve redesigned or reconfigured and scaled back the expansion. We have reduced the expansion. We met with Dick at several work sessions and I think we’ve addressed all his comments. I have received his last letter and there is a clean out to be located in one spot, I will label that. The access all stays the same. The existing buildings are there. The new building that we are proposing is thirty one feet away from the existing buildings so I believe that addresses the fire department concerns. They had requested twenty five feet between the buildings. I believe we’re pretty well set.

G. Lake: Let me go through the Board.

A. Dulgarian: What’s different between this and the one that was proposed last year?

J. O’Rourke: The one proposed last year had a building.

A. Dulgarian: And now your showing an extension.

J. Myrow: And we reduced the size.

P. Owen: I have nothing.

G. Luenzmann: Where was the building you had proposed before?

J. Myrow: Showed Mr. Luenzmann on map.

J. O’Rourke: And when we reconfigured it, we eliminated three extra variances and went down to one.

G. Luenzmann: This looks like a very good plan.

G. Monaco: I like this plan a lot better.

T. Hamilton: Nothing.

G. Lake: I believe Dick’s comments and the fire district are addressed.

MOTION for a NEGATIVE DECLARATION subject to Dick’s comments made by G. Luenzmann and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

MOTION for SITE PLAN REVISION subject to all comments made by G. Monaco and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

5. CRESCENT COVE - 4 LOT SUBDIVISION - Route 302 (7-2-2.3) #050-002

D. Yanosh: I am the surveyor for the project. We’ve been here a few months. A couple of months ago we received Preliminary Approval. I think Dick’s comments #3, #4, and #5, I took care of with the Highway Department today. I have to move my trees back on the right-of-way. I talked to the Highway Superintendent.

G. Lake: Out of the right-of-way. You said on to it. Just so the Board knows, as far as the Highway comments Carol tells me that you did get a letter saying that he was not happy.

D. Yanosh: Dick’s comment #1 I never could figure out what he wanted about the runoff. What we’re going to do is put a swale behind the curb on both sides of the road to bring it down to the catch basins. I’m going to put two yard basins on either side of the curb to collect any type of runoff that goes over the side of the curb so nothing flows on to those properties. On either side of the catch basins on the upper side and downhill side we will put a little inlet so the water on the outside of the curb can go into the basins and not on people’s property. His last comment was for Eustance & Horowitz approval of the septic system design. The only thing outstanding really is the formation of the lighting district if the Town wants one and the drainage district.

G. Barone: My understanding is it has been submitted on paper and submitted and will be put on an agenda for the Town Board.

D. Yanosh: The lighting district, do we have to make that same application?

G. Lake: We will be doing that because we continue on.

D. Yanosh: The street lights, I talked to the Highway Superintendent as to what style he wants. What ever he requires for the lights that Orange & Rockland is going to be taking care of, we have no problem with that. What we’re looking for tonight is conditional final approval. We have just the two things for the Town Board to clean up with the two districts.

G. Lake: Health Department for the septic.

D. Yanosh: No, Eustance & Horowitz took care of that and we’re all done with them.

G. Lake: Okay, so you’re done with that?

D. Yanosh: Yes.

G. Lake: Let me go through the Board one more time to see if they have anything else.

A. Dulgarian: As long as Dick’s comments are met, especially items #1 and #2, I have no problem at all.

P. Owen: No problem.

G. Luenzmann: I have no problems but I did have a question. I remember we talked about this right here. What was the story on that?

D. Yanosh: Mr. Miller is in contract to buy that piece of property.

G. Luenzmann: Will that be adding to this?

D. Yanosh: It will give him the proper access to go across. He won’t have to get easements from anybody or proper access to get across. He is going to leave it there for the Town and when they come through in two or three years with the bike trail.

G. Monaco: I have a question about the catch basins.

D. Yanosh: Explained it to Mr. Monaco.

T. Hamilton: The only question I have is on the rail trail. Shouldn’t we have a note on those two lots itself that when they buy the lot they don’t see this whole subdivision.

F. McDermott: The intention is that the Town will have it for a bike trail.

T. Hamilton: I think there should be a note on each of those lots stating that a rail trail bordering their property.

D. Yanosh: The tough part is I can put all the notes on the plan and when it comes time to drawing the deed or if somebody else besides myself does the survey for this lot, doesn’t put that note, it never gets put on although everybody who does buy a lot.

T. Hamilton: We want it on the individual lots.

G. Barone: The purchaser of those lots will need to get a copy of the filed map. If that note is on the filed map, it’s fine.

F. McDermott: Their title insurance company will say that it’s subject to the notes on the filed map and it’s their attorney’s responsibility to review what those notes are.

G. Lake: I think what Mr. Hamilton is getting at is for us to be protected once this trail thing gets rolling.

G. Barone: The note on the plan is fine.

T. Hamilton: I know when I bought a piece of property in a subdivision I actually never got this and I ended up with my particular plot plan that has no notes saying what’s next to me or what isn’t next to me. We have had notes put on particular lots before.

D. Yanosh: Again, the person doing your survey if he wants to put them on or not, that’s up to him to do that.

F. McDermott: The title insurance company will specifically state that you’re taking title subject to the conditions on the filed map. It’s the buyer’s responsibility through their attorney to know what those conditions are.

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