G. Lake: We do not do deed restrictions on the size of houses. There have been projects that have come in that way. As a whole we do not sit here and say you need to build a four thousand square foot house or a two thousand square foot house. Again, our job is land management.

M. Colon: What way could I find out that information? How can I find out that information?

D. McGoey: Ask the developer after the meeting.

P. Thompson: Lot #11 looks as if it went into the beaver swamp or dam. Do you know what I am talking about?

G. Lake: Lot #11 you think goes into a beaver swamp.

A. Dulgarian: Several of them do.

P. Thompson: The lane that goes right up into my land, is the Fire Department happy about that?

G. Lake: That AT@ off of you?

P. Thompson: Yes.

G. Lake: I believe that was worked out with the Department of Public Works, Dick?

D. McGoey: Yes. The Fire Department did review the application. They didn't make any negative comments.

P. Thompson: There will be room to turn around?

G. Lake: Yes.

P. Thompson: How wide is that road going to be?

D. McGoey: Thirty feet.

MOTION to close this PUBLIC HEARING at 8:06 P.M. made by A. Dulgarian and seconded by P. Owen.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, G. Monaco, P. Owen

MOTION CARRIED. 7 AYES

G. Lake: Do you have all the comments that were given to us?

L. Potter: Yes.

G. Lake: Let's go back to the Board.

A. Dulgarian: For Mrs. Thompson's concern, several of the lots do go into a wetland but there's no development allowed on them and I think there's probably going to be deed restrictions on those lots. My other question is lot #23. That's going to be forty eight acres or something like that. I believe we talked about that there would be no further subdivision on that but I would still like to see something to protect those wetlands in the back.

G. Lake: They can't build on the wetlands any way.

A. Dulgarian: Right but you can always mitigate off site.

G. Lake: It would be pretty tough out there.

A. Dulgarian: I'm just wondering. That's an awful big lot. It's turned out better than it started out.

P. Owen: The only thing that concerns me is the drainage.

L. Potter: The drainage that is collected along the road in front will be going into a storm drain where it would be let out at a specific rate not to flood anything downstream. The other collection system will be going into other area which will go back and drain into the wetlands. The areas that are draining where the water drains now will be remain draining in those directions. Any water on the site will be going into the areas that are already designated.

R. Carr: I'm concerned about the road runoff and I agree with Dick's comments that the drainage basin being well landscaped.

L. Potter: We will take care of that. I have Mr. McGoey's comments and we will be addressing them.

R. Carr: The other thing that I didn't see especially in the back lot there's some large trees.

L. Potter: This area is all wooded. The lighter green is the area we are clearing for the building of the houses and the septic systems. All the other trees will remain. We have a note on the plan that we will save any trees over eight feet in diameter that we can.

R. Carr: My only other concern is the drainage.

G. Lake: I think there was some question on the drainage going across the road.

L. Potter: We try to collect the first half inch of rain in order to prevent any type of flooding going down and then the outlet is sized such that after the storm the water will continue to run out at a reduced rate thereby not flooding the downstream.

G. Luenzmann: I just wanted to question lot #23. There's going to be a house on lot #23 and they are going to buy a house with 2,ll0 acres.

L. Potter: No. Forty eight acres.

G. Luenzmann: Okay. But the forty eight acres, that is a lot of Federal Wetlands and forest?

L. Potter: It's a wooded lot. This area here is Federal and State Wetlands. This is all wooded.

T. Hamilton: Dick, on here it says the Town drainage district. Shouldn't we have some kind of note on here saying that these people can put that on here?

D. McGoey: It is.

T. Hamilton: Did we get clarification on the Agricultural District?

G. Barone: It doesn't require a Public Hearing simply because the project is within five hundred feet of a farm operation, Agricultural District.

T. Hamilton: We are following all the steps?

G. Barone: Yes.

G. Lake: I should have told you that.

G. Barone: The only issues with the Agricultural District are the applicant has to do the mailing and supply you with proof of mailing.

L. Potter: Which we have done.

G. Barone: And that the application and the Agricultural Data Statement goes to the Town Planning Agency.

G. Lake: We did that.

L. Potter: Yes.

G. Monaco: The drainage, has that been engineered for the gallons per minute?

L. Potter: Yes. Mr. McGoey will be reviewing the drainage report.

A. Dulgarian: Who maintains that pond?

G. Lake: A couple of ways. Have you made an agreement with Dan Patenaude on this?

L. Potter: Yes.
G. Lake: Are they paying the Town?

L. Potter: There will be a drainage district formed and the monies from the drainage district will help maintain.

A. Dulgarian: I remember one that got out of hand and we had to go back and fix it. Dick, what kind of an affect does road salt have that comes into the wetlands?

D. McGoey: There is a requirement for treatment and the design of pipes required to flow across the lawn and the grass and other vegetation before it gets to the wetlands.

A. Dulgarian: So, it has been addressed?

D. McGoey: Yes.

G. Lake: Dick's comments. Do you have any problems with any of them?

L. Potter: No.

G. Lake: Do you need to go over them?

L. Potter: I have no problem with them.

R. Carr: Can you give us a detailed sheet of the lights?

L. Potter: We can provide that. The lights we're providing are only at the request of the Town to be placed at intersections and at the end of the cul-de-sac for safety reasons, emergency reasons not necessarily for lighting the road.

R. Carr: I was just thinking of the other houses on that road.

G. Lake: Anything else from the Board?

TABLED until May 15, 2002.

3. CLUB PARADISE - SITE PLAN - Route 211 East (50-2-32.1) #004-002

W. Smith: I am the Architect for the project. I'm here tonight to seek Planning Board approval for a comedy club called Club Paradise. It's going in a building that would be behind the Pizza Hut. That building will be shared with Subway, and is where Transformations used to be as a hair salon. It's going where Eclipse used to be. It used to be a bar.

G. Lake: It's been closed more than a year and that's basically why you're here, right?

W. Smith: Yes.

G. Lake: Is the square footage or anything like that going to change?

W. Smith: We are going to take the space next to Eclipse to be included so there would be an increase in square footage.

G. Lake: Was Transformations also a bar?

W. Smith: No. That was a hair salon.

G. Lake: Did you re-configure the parking?

W. Smith: Yes. There is a lot in the back that is not used. I've been there during Pizza Hut rush hour and there is plenty of parking there.

A. Dulgarian: I have no problem with the use. It's been that before. I have no real issues except one question. Does that parking lot still access the other side where Lloyds' used to be?

W. Smith: No sir.

A. Dulgarian: So that parking lot is just kind of a remote parking lot now?

W. Smith: Yes. When Stop & Shop went in they lifted the grade up about six feet.

A. Dulgarian: The only entrance to your proposed establishment will be just the front?

W. Smith: Yes.

P. Owen: I don't have any problems with it.

R. Carr: Nothing other than there is no lighting in the back. It is pretty dark. I don't think there is lighting. I was there today.

W. Smith: I couldn't honestly answer that question.

R. Carr: It says here a location for a dumpster. There are several dumpsters in the back with a lot of debris. It would not be a place I would want to park back there.

W. Smith: If they have dumpsters, they should keep the area cleaner. The Club Paradise won't produce any substantial garage.

R. Carr: I do understand that.

G. Luenzmann: Nothing.

T. Hamilton: Nothing.

G. Monaco: Nothing.

A. Dulgarian: Mr. Carr has a valid point.

G. Lake: About the lighting or about the dumpsters?

A. Dulgarian: The dumpsters. We've required screened areas for dumpsters for other projects that have come before us. I know this is visible from the field and all that. We've asked this of many of our applicants.

G. Lake: I think the problem right here is that this is somebody who is going to be leasing the space from somebody who owns that entire mall.

A. Dulgarian: Understood. If this landlord wants to generate some revenue from this particular applicant then maybe that's something that should be added.

G. Lake: I think the case may be we should have the Code Enforcer go down instead of trying to hold this up.

A. Dulgarian: I wasn't looking to hold him up.

G. Lake: I know what you are saying. I just don't know how we can do that. I wouldn't want to put a subject to on a little piece of it. Surely, you can take that back to the owner for us.

W. Smith: I can certainly understand that.

G. Lake: We will also probably be asking the Code Enforcer to look at it.

W. Smith: Just a note for tonight. My clients are not the owners of the building.

G. Lake: We understand that. I think Mr. Carr had a valid point also as far as getting more light back there even if they only have to put one up in the back on the building to shine a little light back there.

W. Smith: That's a good suggestion. I would agree to put something on the building.

G. Lake: That's really not a big expense. It is for safety reasons if nothing else. Dick's comments. Do you have them?

W. Smith: Yes. It was just a question of whether there was going to be a need of a grease trap. I talked to Mr. Smith and he said only if there was going to be a stove or a deep fryer and there's not going to be. It will be a microwave.

G. Lake: The parking calculation you said you already did and that meets?

W. Smith: Yes. The third comment is regarding the parking. I addressed that on the plan.

G. Lake: Mr. Barone, do we need a Public Hearing for this?

G. Barone: This would be a use by Special Permit. You will be required to have a Public Hearing.

MOTION to schedule a PUBLIC HEARING for May 15, 2002 made by P. Owen and seconded by A. Dulgarian.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, G. Monaco, P. Owen

MOTION CARRIED. 7 AYES

4. MT. JOY ESTATES - 12 LOT SUBDIVISION - Mt. Joy Road (60-1-40.12) #070-099

B. Ostrer: I'm here tonight on behalf of the applicant. My purpose for being here tonight is for an extension of Preliminary Approval. We are before the Health Department and should be out in the next couple of weeks.

G. Lake: Is that the main hold up, the Health Department?

B. Ostrer: I spoke with Mr. McGlocklin this week. There was a request by this Board concerning a lighting district. We've prepared the petition and the Order was delivered. That needs Town Board action but the Town wouldn't take that action until they knew we were a real subdivision coming out of the Health Department.

G. Lake: Why don't you get the Health Department done with and then come back to us?

T. Hamilton: Will that satisfy you Dick?

D. McGoey: Yes. We have other issues which are in the comments.

B. Ostrer: I don't have them.

D. McGoey: There's a lighting and a drainage district along with other technical review comments.

B. Ostrer: Okay.

G. Lake: Right now the big question is the Health Department.

MOTION for a SIX MONTH EXTENSION of PRELIMINARY APPROVAL made by A. Dulgarian and seconded by G. Luenzmann.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, G. Monaco, P. Owen

MOTION CARRIED. 7 AYES

5. QUICKWAY INDUSTRIAL PARK #7 - SITE PLAN/SPECIAL USE PERMIT - Turner Drive (40-1-57.22) #027-000

G. Lake: I believe the last time you were here there was only one outstanding item.

M. Blustein: The Board should have a letter from Mr. Patenaude regarding Turner Drive.

D. McGoey: Yes.

M. Blustein: John and Albert Frassetto are sitting here. The applicant is a little bit unclear about is whether that refers to the entire length of Turner Drive or just the part of Turner Drive, the cul-de-sac.

D. McGoey: The entire Turner Drive.

M. Blustein: They did the cul-de-sac and they know that it is up to the specifications of the Town.

D. McGoey: We don't know that unless core borings are taken.

G. Lake: Did we talk to Dan on this?

D. McGoey: We've discussed this with not only Dan but the Supervisor and if everybody is in agreement with the traffic mitigation contribution, that money would go toward re-paving that road if Dan intends adding three and a half inches of asphalt on it.

M. Blustein: You are requiring them to go ahead with the traffic mitigation?

D. McGoey: It's what was in the agreement that we had with the traffic light. I think it is one dollar per square foot. It's part of the original agreement for all the lots in the Quickway Industrial Park.

M. Blustein: Have you paid the traffic mitigation fee for this project?

Mr. Frassetto: Yes, everything has been paid.

D. McGoey: He hasn't paid the fees on this project yet. He has paid them on the other projects. Your fee will be similar to the other projects.

M. Blustein: So, what you're saying is the fee that would normally have been set would have to be paid any way for the impact of that road?

D. McGoey: Correct.

M. Blustein: We're going to ask for conditional approval subject to the payment of the traffic mitigation fee.

D. McGoey: Do you have any problems with my comments?

M. Blustein: No. I have one issue with the Attorney about the note he faxed me yesterday. I can talk to you later about it. It's already been recorded.

G. Barone: Give us something about that agreement.

M. Blustein: The Chromolloy building has a mortgage on it and I'm not sure that we can get it to co-ordinate the easement. Lending institutions normally are not happy doing that. The only way it would come into play is if Frassetto who wants to re-finance it any way but they were to foreclose on the mortgage, they could close out the easement. It runs for the benefit of that property. I don't know why.

G. Barone: In all likelihood they would agree.

M. Blustein: That could take months.

G. Lake: You will have to straighten that out. We can do an approval subject to you hashing that issue out. That's what you are looking for tonight from us.

M. Blustein: Yes.

G. Lake: Dick, you have these few comments here? Any problems?

D. McGoey: No problems.

G. Lake: You have Turner Drive straightened out?

D. McGoey: Yes.

M. Blustein: Do you understand exactly what they were asking for?

Mr. Frassetto: What ever we agreed to what we did originally, we will agree.

M. Blustein: Agreed.

MOTION for a NEGATIVE DECLARATION subject to D. McGoey's comments and the Turner Drive issue made by G. Luenzmann and seconded by R. Carr.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, G. Monaco, P. Owen

MOTION CARRIED. 7 AYES

MOTION for SITE PLAN/ SPECIAL USE PERMIT subject to D. McGoey's comments and the Turner Drive issue made by G. Luenzmann and seconded by T. Hamilton.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, G. Monaco, P. Owen

MOTION CARRIED. 7 AYES