P. Higby: It’s a configuration, a forty foot long pipe, five feet wide and four feet deep trench. There are two of them. One along Route 17M and one that is parallel to the lower property on the other end.

R. Carr: That is just going to be a trench, four foot . . .

P. Higby: Five foot wide, four feet deep trench covered with stone/gravel. There is a detail on the second page showing the storm water infiltration trench.

A. Dulgarian: What about the sheet runoff?

D. McGoey: The flow will be kept on the residence.

P. Higby: It’s on the basis of a twenty five year storm and the Department of Transportation is looking for that. The whole concept is to catch that flow, store it, and gradually it can infiltrate into the soil. If it’s beyond the twenty five year storm, everybody has problems. The premise is, and I’m not an Engineer is, that’s the whole concept. You catch the water, treat it and allow the solids to fall out by way of putting it directly into the soil as opposed to runoff. That’s what we’re trying to do. There is flow off the site now but we’re looking to do is not increase that flow off of the site.

A. Dulgarian: By our code, you’re not allowed to.

P. Higby: In essence, yes.

A. Dulgarian: What’s the history of this after it freezes?

T. Hamilton: Dick, one question. What about sediment filling up that gravel?

D. McGoey: They would have to maintain it.

P. Higby: There is a fine layer of peet gravel on top.

T. Hamilton: I was looking for one of those screens.

D. McGoey: He hasn’t proposed on but I think it meets.

P. Higby: I think it is one and a half to two inches of gravel that’s proposed underneath so there’s a lot of voids. It does act as a pretty good reservoir. There is a six inch layer of peet gravel. Actually there is filter fabric on the top. That helps to filter out. The maintenance would probably be the peet gravel on the top.

A. Dulgarian: What does that line mean?

P. Higby: Basically the edge of disturbance. The contractor is not to go beyond this point. Everything else is green area, grass to remain as grass. It’s also the location where I put the infiltration trench. It’s more or less limiting the area.

A. Dulgarian: You show two different parking requirements based on spa, based on beauty salon, I guess it is? Can you explain that to me.

P. Higby: Basically what had happened was, the zoning ordinance did not address in particular our uses. It didn’t address, I think, the beauty salon. It addressed personal service shop. There was some confusion over this as far as the code.

A. Dulgarian: Dick, are we good with that then? Are there enough spaces?

D. McGoey: Yes. He got a variance.

P. Higby: On May 12, 2002. There is a note down at the bottom. To really answer your question there really wasn’t a clear definition in the zoning ordinance on the use of the building. It wasn’t a spa, per se, it mentioned beauty salon.

A. Dulgarian: You could have gotten a variance or an interpretation actually.

P. Higby: I found that was one of the problems I had with Dick as far as the variance.

A. Dulgarian: My last question is regarding the landscaping. Most seems to be sufficient. My question would be in the front you have some of our favorite planting’s but is there going to be any visual impairments coming out of the driveway because of a ten foot tree. I would like to see as many as possible but I just want to make sure there won’t be any obstruction.

P. Higby: Actually I tried to keep some planting’s in the lower area. There is one tree there which I’ve shown as a Bradford pear. We can relocate it.

A. Dulgarian: We want as many as we can get, believe me. I just want to make sure people can see.

P. Owen: I have nothing.

R. Carr: I have nothing.

G. Luenzmann: Dick, are you satisfied?

D. McGoey: Yes.

T. Hamilton: Dick, did the State give approval on moving that driveway, that’s a State road?

D. McGoey: They did an application.

P. Higby: I would like to bring up one point which we had previously discussed at our work session. Mrs. Fidanza would like to bring before the Board, the nature of the addition here would essentially render the existing beauty shop non-usable. She has clientele and would like to keep in operation to some degree by way of taking the beauty salon service and re-locating it to the existing single family house as a temporary means to keep in operation. Obviously, they do own the house. It is a rental house. It is a single family house. Once the addition is constructed and operating they would in turn want to move into the building and re-establish the single family residence.

G. Lake: That was my only question, bringing it back to a single family residence. That will make a difference. We did talk about it at the work session. I don’t know how you guy’s feel about that.

A. Dulgarian: I have no problem with it but what about meeting codes for handicap or for this and that.

G. Lake: They would have to provide that in order to operate. No matter what, they would have to get a Building Permit.

D. McGoey: Yes. They would have to get a Building Permit. They would also have to maintain the required number of parking spaces to support the square footage that they would be occupying in the house.

Mrs. Fidanza: Okay.

D. McGoey: You will have to put in some safety traffic flow to the site.

G. Lake: Basically for them to open up in there, they would have to do certain requirements with the handicap before they can open for business. I’m sure Mr. Steenrod would make sure that is met.

A. Dulgarian: Yes, that would be my only concern.

G. Lake: We just thought at the work session that this was the place to discuss it.

P. Owen: I don’t have anything.

R. Carr: Nothing.

G. Luenzmann: I don’t have a problem.

T. Hamilton: Mr. Barone, is there some way of getting a legal document saying that when the new addition in the existing building receives a Certificate of Occupancy that they have so much time to move back over there and not that we end up with a business in the house.

G. Barone: We could require a special note on the site plan. We could give them a Special Use Permit for a certain period of time and then it would expire at the end of that period. If they don’t meet that period of time they can come back and seek an extension.

G. Lake: Do you want to do that?

P. Higby: I believe so. Is there any particular terminology for that?

G. Lake: Why don’t you both come up with something and then he can . . .

P. Higby: Review it.

G. Lake: I think that’s better.

T. Hamilton: If we don’t have that on there I’m sure that Mr. Steenrod would be very upset.

MOTION for a NEGATIVE DECLARATION subject to all of Dick’s comments and the note for the temporary use next door made by A. Dulgarian and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

MOTION for SITE PLAN/SPECIAL USE PERMIT subject to all of Dick’s comments and the note for the temporary use next door made by T. Hamilton and seconded by A. Dulgarian.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

1. SHAPIRO - ZONE CHANGE REQUEST - (MI to R1) - 38 Webb Road (69-1-51) #082-003

G. Lake: Have you been to the Town Board yet?

Mrs. Shapiro: No. I just sent a letter. I really don’t know. I’m just learning.

D. McGoey: The Town Board did refer it to the Planning Board.

G. Lake: Okay. You want to change the piece across the street from MI to R-1?

Mrs. Shapiro: Correct.

T. Hamilton: That’s the railroad bed. Dick does that make that where it is adjoining by the railroad bed.

G. Barone: Is the railroad bed in use or is it in operation?

Mrs. Shapiro: I haven’t heard.

G. Barone: Are there still tracks down?

Mrs. Shapiro: There are tracks but they’re all overgrown. I don’t think a train has run on it for a very long time.

G. Lake: Is this the property we’re talking about which is yellowed out?

Mrs. Shapiro: Right.

G. Lake: What we’re going to do tonight then is basically we have to set a Public Informational Hearing for a zone change. We will set a date tonight. We will send out the notices on this. We will have the Public Informational Hearing and at that time we will make a recommendation to the Town Board. We do not change the zones. We can only make recommendations. At that point, you will have to go back to the Town Board and they have to do the zone change.

Mrs. Shapiro: Is there anything we’re supposed to bring with us?

G. Lake: When you come back to our Public Informational Hearing yes, let us know why you want to do it, and where it is and we will take in any public comments that they might have. We will close the Public Informational Hearing and then as I said before, we would make our decision and send it on to the Town Board and then you will have a meeting with them.

MOTION to schedule a PUBLIC INFORMATIONAL HEARING for March 3, 2004 made by G. Luenzmann and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Luenzmann: Aye

G. Lake: Aye
MOTION CARRIED. 6 AYES

2. HIGH BARNEY WOODS - 5 LOT SUBDIVISION - High Barney Road (65-1-11.22) #039-001

J. Tirolli: I’m the Engineer for John Hubert. Last year you granted Preliminary Approval for this subdivision of six lots at that time. We then went to Eustance & Horowitz for the sewer system evaluation and one lot was dropped. It’s now five lots. You have received approval on the septic system design I believe in October from Eustance & Horowitz. At that time we requested to come back on this agenda for Final Approval subject to any conditions if necessary. The road remains the same. All the lots remain the same except the sixth lot was combined with lot #5.

G. Lake: We have a few comments. Have you received those and are they incorporated into this?

J. Tirolli: No.

G. Lake: We have eight here and then I have another one here from Public Works which has some concern about the road.

D. McGoey: Which I incorporated in my comments.

J. Tirolli: Was that last year March?

D. McGoey: March, 2003.

G. Lake: This one states January 7, 2004.

D. McGoey: A new one?

M. Hunt: Yes, I just got it.

J. Tirolli: To answer your question, the plans that you have doesn’t address Dick’s comments of January 7, 2004. I can quickly go through but some of them we have addressed. The Highway Superintendent’s comments from last year, we’ve taken your suggestion that we delete curbs and you were going to see if you could convince him or who ever else makes the decision not to have curbs in this section. We will follow through with that. You asked how we were going to handle the transition where High Barney Road pavement now ends. The first one hundred fifty feet of the old road we’re going to remove the pavement and replace it with a new pavement with full thickness. We will put a note on the map.

D. McGoey: Are you going to show an amendment to that?

J. Tirolli: Yes. Septic system approval, you have that in your file from Eustance & Horowitz. Item #3 I’ve just discussed about the transition. Catch basin detail on our plan says that it shows a catch basin for a curbed street. At the time we began we thought we might have to have the curb. It also has a note that says if you’re not going to curb the street than we would use a different plan. It covers either/or. Item #5 drainage district, that information has been processed and submitted to your Town Board for their action to form the drainage district and your Attorney has indicated to me that it is on the agenda for the end of January. That could be a condition of Final Approval. We will place the note on sheet #1 which Dick is recommending in item #6. The meets and bounds for the drainage easement will be placed on the map and we will highlight the fifteen inch culvert. I will take the Highway Superintendent’s note up with him. I think all he’s asking is that we go through a low area and maybe we have to have a provision to add more base material. I will discuss it with him.

G. Lake: Let me go through the Board.

A. Dulgarian: We have done a lot of work on this project. I don’t have any problems with it. I think all the issues here are technical in nature. I feel comfortable in giving him Final subject to Dick’s comments.

P. Owen: I’m fine with it.

R. Carr: I agree with Mr. Dulgarian.

G. Luenzmann: I’m fine with it.

T. Hamilton: I’m okay with it.

G. Lake: You’re right. We did do a lot of work on this since this came in.

J. Tirolli: When it comes time to build the road if you haven’t been able to convince him it has to be curbed, it will be curbed.

G. Lake: I thought when we gave you Preliminary and the rest of the Board can correct me if I’m wrong but I thought we said that since nobody else out that way had curbs and because of the size and some of the wetlands that we weren’t going to curb it.

D. McGoey: He just has to sit down with the Highway Superintendent to make sure he’s okay with that. We will do that before you sign the map.

MOTION for FINAL APPROVAL subject to all of Dick’s comments and in shaping out with the Highway Superintendent the section of the road and the Special Districts made by G. Luenzmann and seconded by A. Dulgarian.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

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