L. Potter: Yes.

G. Lake: Dick, at the follow-up work session the comments that were left over from the last time, are you pretty much satisfied?

D. McGoey: Yes. There are a couple of little things.

L. Wolinsky: And then we also had a draft resolution which both Mr. McGoey and Mr. Barone has reviewed and we added some additional language and Mr. Barone added some additional language. I think we’re home free there. I was just assured as I walked in of some additional language received on an agreement for the mitigation. I have no problem with that. That’s fine. I think we’re ready to go.

G. Lake: Dick, are you satisfied?

D. McGoey: The one thing is the document containing SEQRA doesn’t say that the single timing change would be done by the Town on Silver Lake Scotchtown Road. I think that should be done by the applicant. I think that’s part of all the improvements.

L. Wolinsky: As long as the Town allows us to do it, we have no problem.

G. Lake: I will go through the Board.

A. Dulgarian: Did he include about the Mud Mills Road shoulder?

D. McGoey: Yes.

A. Dulgarian: Nothing.

P. Owen: I don’t know if it was touched on, what’s the reason for the sidewalks the way they were put on the plan?

R. Carr: Nothing.

G. Luenzmann: The only concern I had was the Mud Mills Road area.

G. Monaco: No further comments.

T. Hamilton: Nothing.

G. Lake: Mr. Barone?

G. Barone: I believe this is ready for your action based on the resolution.

MOTION for a NEGATIVE DECLARATION subject to all of Dick’s comments made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

MOTION for PRELIMINARY SITE PLAN subject to all of Dick’s comments based upon the resolutions made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

L. Wolinsky: We need a Special Use Permit as well. The resolution is for the Special Use Permit as well as for Site Plan.

G. Barone: That’s correct.

MOTION for SPECIAL USE PERMIT subject to all of Dick’s comments made by G. Luenzmann and seconded by R. Carr.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

1. CMB MEDICAL MRI UNIT - SITE PLAN - 713 Route 211 East (41-1-78.212) #061-003

A. Melin: I have a mobile MRI unit that comes to my office on Route 211 about once a month and I’m looking for Planning Board approval for a Special Use Permit.

G. Lake: Do you have Dick’s comments?

A. Melin: Yes.

G. Lake: Let’s go through them.

A. Melin: The first one is to prove that there that no electrical wire to this. I brought copies of the specifications of the mobile unit that comes to my office.

G. Lake: Go ahead.

A. Melin: The parking spaces is already addressed on the new Site Plan. When I spoke to Mr. McGoey the first time we discussed the details of the previous approval of the drive-through window for the bank. He said that the reason why the dumpsters had to move was for the extra traffic that would come through the rear of that parking lot because of the drive-through. The bank has no plans on doing it in the immediate future and hasn’t started anything and unit doesn’t increase traffic at all. I’m not quite sure why I would have to move the dumpsters.

G. Lake: The problem right now is that when the bank got their approval they were supposed to be moved back ten feet. I believe on the other side of your plan you have a dumpster there. As far as the bank approval for this entire site they were to move those dumpsters. Let me go through the Board.

A. Dulgarian: How often is it going to be on the site?

A. Melin: Possibly every four weeks.

A. Dulgarian: Once a month or one week?

A. Melin: No one day per month. It would be there overnight and they would pick it up before midnight that day.

A. Dulgarian: I don’t really have a problem with it.

P. Owen: I don’t really have a problem with it.

R. Carr: How do they access the unit? Do they go through and out the back door?

A. Melin: I walk my patients through my office and there is a back door right where the unit would be parked.

R. Carr: I have no problems.

G. Luenzmann: I have nothing further.

G. Monaco: Nothing.

T. Hamilton: Nothing.

G. Lake: Dick.

D. McGoey: Well, what are we going to do about the dumpsters?

R. Carr: Technically they’re in violation now.

T. Hamilton: The only reason there is a dumpster problem is because of putting the drive-through in for which the bank received approval. It shows on their plan and I’m wondering if they’re still going to do it.

G. Barone: He got an overall modification to the Site Plan.

D. McGoey: It’s on the approved Site Plan. I’m not sure if that Site Plan has been signed.

G. Barone: The Planning Board can write a letter to the Code Enforcement Officer advising them the owner is in violation of a recent approved modification.

MOTION for a NEGATIVE DECLARATION made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

MOTION for SITE PLAN for MRI unit made by G. Luenzmann and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

2. KUNIS/WHITE - SITE PLAN/SPECIAL USE PERMIT - Dunning Road (50-2-41.1, 50-2-43 & 50-2-2.21) #075-003

J. O’Rourke: I am with Lanc & Tully Engineers. This is a 2.5 acre in the HC zone on Dunning Road. It is between the Cigarette store and the Firestone.

G. Lake: Isn’t there a Dentist office?

J. O’Rourke: You are correct with the Dentist office. What we’re proposing is an ice cream stand and a farm market and landscape sales. We met with Mr. McGoey. At one time we had the one entrance into the site. We met with the County Department of Public Works informally that we propose to basically sealing off the entrance to the Cigarette store. We will have one entrance into both sites and the County has allowed us to have a right turn only onto Dunning Road. Basically we’re here for a Special Use Permit and Site Plan approval which requires a Public Hearing. We have received Dick’s comments and we can certainly address those. We wanted to discuss with the Board two problems. One, Dick had mentioned sidewalks that the Board should discuss and some landscaping. The sidewalks we would request that they not be required because there are no sidewalks on Dunning Road.

A. Dulgarian: Aren’t there sidewalks by Firestone?

J. O’Rourke: Not any on Dunning Road.

G. Lake: As far as sidewalks, it would be nice if we can.

J. O’Rourke: This is a County Road and in speaking with them it’s the same with the curbs, they do not care and they will not maintain them. This is really the only undeveloped piece of property left on Dunning Road. There are no sidewalks on the other side. Oh., the other problem was the type of trees? We were just concerned if you wanted all just Bradford Pears or something else?

G. Lake: Let me go through the Board.

A. Dulgarian: I have nothing at this time.

P. Owen: I have nothing at this time.

R. Carr: I like the idea of the Bradford Pear trees.

G. Luenzmann: I think it’s a good project for the area.

G. Monaco: I have nothing at this time.

T. Hamilton: There are no other sidewalks in the area.

MOTION to schedule a PUBLIC HEARING for March 17, 2004 made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

3. WEINERT RECYCLING - SITE PLAN/SPECIAL USE PERMIT - Route 211 East (41-1-82) #071-002

CANCELLED.