1

               2       STATE OF NEW YORK    :    COUNTY OF ORANGE

               3       TOWN OF NEWBURGH PLANNING BOARD

               4       -------------------------------------------X

               5       In the Matter of

               6

               7                     CUMBERLAND FARMS
                                        (2016-05)					
               8

               9       -------------------------------------------X

              10

              11                  		DATE:   October 6, 2016
                                     	TIME:   7:00 p.m.
		  12                  		PLACE:  Town of Newburgh
                                        		  Town Hall
              13                     		  1496 Route 300
                                  			  Newburgh, NY 12550
              14

              15

              16       BOARD MEMBERS:      JOHN P. EWASUTYN
                                           KENNETH MENNERICH
              17                           DAVID DOMINICK
                                           JOHN A. WARD
              18

              19

              20       ALSO PRESENT:       PATRICK HINES
                                           KENNETH WERSTED
              21

              22       -------------------------------------------X

              23                      MICHELLE L. CONERO
                                      10 Westview Drive
              24                   Wallkill, New York 12589
						   (845)895-3018
              25

                                                                   2

               2                 MR. EWASUTYN:  At this time we

               3            will call the meeting to order with a

               4            roll call vote.

               5                 MR. MENNERICH:  Present.

               6                 MR. WARD:  Present.

               7                 MR. DOMINICK:  Present.

               8                 MR. EWASUTYN:  With us this

               9            evening we have the following

              10            consultants.  They will introduce

              11            themselves.

              12                 MR. HINES:  Pat Hines with McGoey,

              13            Hauser and Edsall Consulting Engineers.

              14                 MR. WERSTED:  Ken Wersted,

              15            Creighton Manning Engineering Traffic

              16            Consultants.

              17                 MR. EWASUTYN:  This evening we

              18            have three items on the agenda and we

              19            have two items of business.  I'll ask

              20            John Ward to read the opening of the

              21            meeting.

              22                 MR. WARD:  Please stand to say the

  23 		    Pledge  (Pledge of Allegiance is said).

              24            Please turn your phones off or on

25	vibrate.  Thank you.

                                                                   3

               2                 MR. EWASUTYN:  The first item this

               3            evening is a public hearing for

               4            Cumberland Farms, located on Route 17K.

               5            It's being represented by Bohler

               6            Engineering.  At this point I will ask

               7            Mr. Mennerich to read the Notice of

               8            Hearing.

               9                 MR. MENNERICH:  Notice of Hearing,

              10            Town of Newburgh Planning Board.

              11            Please take notice that the Planning

              12            Board of the Town of Newburgh, Orange

              13            County, New York will hold a public

              14            hearing pursuant to the Municipal Code

              15            of the Town of Newburgh.  Chapter

              16            185-57 Section K, on the application of

              17            Cumberland Farms Inc. Project 2016-05,

              18            where a site plan and lot

              19            consolidation.  The project is located

              20            on the northeast quadrant of the

              21            intersection of Route 17K and Rock Cut

              22            Road.  The project is designated on

              23            town tax maps as section 86, block 1,

              24            lot 14 & 15.  The project proposes to

25	develop a new 4,956 square foot

                                                                   4

               2            convenience store with four gas

               3            dispensers and a canopy on Route 17K.

               4            The project proposes to combine two

               5            existing lots into a 1.15 acre parcel

               6            of property.  The public hearing will

               7            be held on the 6th day of October 2016

               8            at the Town Hall meeting room, 1496

               9            Route 300, Newburgh, New York at 7:00

              10            p.m., at which time all interested

              11            persons will be given an opportunity

              12            to be heard.  By order of the Town of

              13            Newburgh Planning Board, John P.

              14            Ewasutyn, chairman Town of Newburgh,

              15            dated 16th of September, 2016.

              16                 MR. EWASUTYN:  Thank you.

              17                 MR. GILLESPIE:  Good afternoon.  My

              18            name is Jim Gillespie from Bohler

              19            Engineering.  I'd just like to recap

              20            the project.

              21                 This is the existing Cumberland

              22            Farms at 270 Route 17K at the corner of

              23            Rock Cut and New York State Route 17K.

              24            Cumberland Farms sits in the front of

25	the lot.  This project would involve a

                                                                   5

               2            lot consolidation of this lot and the

               3            lot behind it, which is an office

               4            building.  This is approximately 1800

               5            square foot Cumberland Farms and this

               6            is approximately 2100 square foot

               7            office building.  So the project would

               8            involve the consolidation of that lot,

               9            the demolition of those two structures

              10            and all of the pavement, and the

              11            construction of the brand new

              12            Cumberland Farms building.  The whole

              13            facility would be brand new inside and

              14            out.  New parking, new landscaping,

              15            lighting, new storm water management

              16            facilities, all new utilities servicing

              17            the property.  This project has come a

              18            long way since we started.  We have

              19            been working with the Board.  We have

              20            been working with  Orange County, New

              21            York State DOT.  Originally we had an

              22            entrance here that the Town asked us to

              23            work on getting rid of that entrance if

              24            the project could survive without that.

              25            So, we went with that and it certainly

                                                                   6

               2            can.  We have enough access to provide

               3            adequate circulation to the lot without

               4            that.  They also requested that we add

               5            some stone walls, some additional

               6            landscaping.  So the project has come a

               7            long way.  It's really taken, come into

               8            its own here.  And this is not your

               9            average Cumberland Farms.  If you are

              10            familiar with the older roofs and the

              11            blue and orange colors.  This is a very

              12            nice colonial style building with gable

              13            entrances and a gable roof and dormers

              14            and a lot of architectural elements and

              15            cultured stone along the canopy base

              16            and the base of the building; and

              17            inside its just equally an improvement

              18            from the existing facility.  Very --

              19            just really a whole new game for the

              20            convenience facility for Cumberland.

              21            So, one of the things we just received

              22            was some comments from Orange County

              23            DPW.  They had a lot of technical

              24            things, some notes, and some more

              25            information that they wanted us to do,

                                                                   7

               2            but really, the main issue was they

               3            wanted to limit curb cuts on Rock Cut

               4            Road and they asked us to look at

               5            eliminating this curb cut and just

               6            access this Rock Cut Road here.  So we

               7            did.  We took a look at that.  We

               8            talked to Cumberland.  They also asked

               9            for a dedication, an offer of

              10            dedication of land which would -- this

              11            frontage has an odd jog in it right

              12            here, so it looks like they want to try

              13            to straighten that out.  They didn't

              14            say why.  Probably for the potential

              15            for future improvements on Rock Cut, so

              16            that is something we incorporated into

              17            this plan.  We eliminated this access.

              18            We widened this and got some bigger

              19            radiuses.  That was another one of

              20            their comments - to get some larger

              21            radiuses.  We ran a truck and we will

              22            supply that truck turning template to

              23            the Board and to the staff for that

              24            review, but this works.  We can get a

              25            truck in and out of here and back out;

                                                                   8

               2            and you know, that's where the plan

               3            sits now.  We are working on addressing

               4            all of their comments, all of the staff

               5            comments, Orange County, we will try to

               6            work with the DOT.  Hopefully, one

               7            complete final submission in to the

               8            Town and hopefully move forward.  So

               9            that's where we are at.

              10                 MR. EWASUTYN:  At this point, the

              11            meeting is open to the public.  If

              12            there is anyone here that wants to

              13            speak, would you give your name and

              14            address and speak slowly for the

              15            stenographer?  Okay, let the record

              16            show at this point there is no comments

              17            from the public.  I'll turn to Pat

    18 Hines, our consultant.   

              19            		MR. HINES:  Our first comment has

              20            to do with the need to address County

              21            DPW, requiring the elimination of one

              22            of the two driveways, which the plan

              23            shows, but we have not seen that plan

              24            yet.  We have some additional comments

              25            on grading, drainage, the dedication

                                                                   9

               2            that was just spoken of that will need

               3            to be addressed.  We are suggesting

               4            that these revised plans also get

               5            resubmitted to DOT and include the

               6            change of access and work on that.  The

               7            truck turning movements need to be

               8            reviewed to make sure we can have the

               9            delivery trucks come in and out, which

              10            Ken Wersted can go over with you.  The

              11            County Planning made some advisory

              12            comments.  We just want to keep those

              13            in mind while you are working up the

              14            revised plans, one of which had to do

              15            with the driveway.  So that has been

              16            changed.  A storm water control

              17            facility maintenance agreement must be

              18            executed prior to the signing of the

              19            final plans.  So, Mike Donnelly or my

              20            office can provide you (inaudible), the

              21            Board will look for that, assuring that

              22            there is long term operations

              23            maintenance of the proposed storm water

              24            facilities; and then also, a resolution

25	will require landscaping, bonding and

                                                                   10

               2            storm water management securities.  So,

               3            if you want to actually finalize the

               4            plans, get those estimates to us.  They

               5            get approved by the Town Board.

               6                 MR. EWASUTYN:  Ken Wersted,

               7            Traffic Consultant.

               8                 MR. WERSTED:  We reviewed the

               9            project and noted a number of

              10            improvements that the application is

              11            building upon, in terms of what the

              12            current site has versus what they are

              13            proposing.  Namely, the circulation on

              14            site will be improved; they are

              15            eliminating several of the access

              16            points, moving them further away from

              17            the intersection of 17K and Rock Cut

              18            Road.  This all will help traffic

              19            circulation in and around that area.

              20            One of the big concerns we had was

              21            the truck access, particularly at that

              22            southern driveway on Rock Cut Road was

              23            eliminated, but if you can demonstrate

              24            that will operate fine, that will be a

              25            positive outcome.  The County had

                                                                   11

               2            several comments, one from the planning

               3            and one from the DPW.  The DPW one was

               4            more detailed.  It asked for a number

               5            of items, such as site distances, the

               6            truck turning radiuses, a couple of

               7            other changes, namely on the Rock Cut

               8            Road side of things.  And then the

               9            planning side, it asked about

              10            coordinating with the Town DOT,

              11            relative to a turning lane on 17K at

              12            the intersection.  We have

              13            correspondence from the DOT in August

              14            that just acknowledged that the Town

              15            petitioned to be the lead agency, and

              16            they were subpoenaing that, but we have

              17            not heard any detailed comments

              18            relative to the application from them.

              19            We look forward to hearing from them

              20            and how the applicant is responding to

              21            the County.

              22                 MR. EWASUTYN:  Thank you.  John

              23            Ward, Planning Board member.

              24                 MR. WARD:  The truck access is a

25	big issue, the way it's laid out, now

                                                                   12

               2            that you are eliminating it.  Another

               3            thing with Orange County Planning -

               4            they were suggesting a left turn off

               5            17K because it backs up right there

               6            with the entrances and all; and with

               7            trucks going in and out, it's something

               8            to look at.

               9                 MR. HINES:  Can you just go over

              10            quick, how the trucks are going to

              11            access that?

              12                 MR. GILLESPIE:  Yes.  They would

              13            access off of Rock Cut, so there is

              14            sufficient width here to make this

              15            turning movement and there is

              16            sufficient width here to get around

              17            this.  The fuel truck would park here

              18            and then come back out onto 17K.

              19                 MR. WARD:  There is enough room

              20            for doing a U turn here?

              21                 MR. GILLESPIE:  You have to get in

              22            here, yes, and we can demonstrate that.

              23                 MR. EWASUTYN:  Dave Dominick.

              24                 MR. DOMINICK:  The truck access

25	and the turning radiuses - what was

                                                                   13

               2            discussed at work shop would be if the

               3            truck access and turning radius became

               4            a hurdle for you guys, would you ever

               5            think of turning the building in the

               6            other direction?

               7                 MR. GILLESPIE:  There is a lot of

               8            things go on here.  We have looked at

               9            them all.  This is really the layout

              10            that works the best for us.

              11                 MR. DOMINICK:  That's it.

              12                 MR. MENNERICH:  On the turning

              13            radius, the one onto 17K, it looks a

              14            lot smaller than on Rock Cut Road.  Are

              15            the requirements different?

              16                 MR. GILLESPIE:  They are both 30

              17            feet.  The reason this has such a

              18            narrow throat is it doesn't allow, in

              19            other words, as a radius comes in, it

              20            very quickly has to get back to here.

              21            So it does have a little bit more width

              22            and with that, what we have here, you

              23            will see when we submit the truck turn.

              24             The tail end of the truck comes over

              25            this one corner and what we do in those

                                                                   14

               2            circumstances, it's pretty accepted by

               3            most building and departments of

               4            transportation, we put a mountable curb

               5            in here and concrete apron, so that it

               6            deters people.  You don't want to drive

               7            over it with your car.  For a truck

               8            tire, it provides a place to make that

               9            swing and get into the site.  It does

              10            have a little bit of width, but not --

              11            it's pretty much 30 feet from here to

              12            here.  Same as that.

              13                 MR. DOMINICK:  They did that on

              14            Sunoco on 17K on 300.  That was the

              15            original plan.  Then they put in

              16            flowers there.  The flowers were

              17            destroyed there as well and now they

              18            have boulders that seems to be solving

              19            that for the truck, for the turning

              20            into there.

              21                 MR. GILLESPIE:  The flowers didn't

              22            make it.

              23                 MR. EWASUTYN:  It's a tight spot

              24            when it snows and snows heavy, you get

              25            all of the circulation and the

                                                                   15

               2            combination that you are hoping for.

               3                 MR. WARD:  There is enough room

               4            where the pumps are to turn going out

               5            to 17K?

               6                 MR. GILLESPIE:  Yes, there is.

               7                 MR. EWASUTYN:  One more time, the

               8            hours of operation for the new location

               9            are?

              10                 MR. GILLESPIE:  They are 24/7.

              11                 MR. EWASUTYN:  All right.  One

              12            more time, I'll turn to the public for

              13            any questions or comments?

              14                 MR. HINES:  I think, with no

              15            comments, there is no reason to leave

              16            it open.

              17                 MR. EWASUTYN:  I'll move for a

              18            motion to close the public hearing on

              19            Cumberland Farms, located on Route 17K,

              20            IB Zone, represented by Bohler

              21            Engineering, and let the record show we

              22            had no public comments at this meeting.

              23                 MR. HINES:  That should be a

              24            condition on the applicant awaiting a

              25            62 day time frame, as we're waiting for

                                                                   16

               2            plans from them.

               3                 MR. DOMINICK:  I make the motion.

               4                 MR. MENNERICH:  Second.

               5                 MR. HINES:  I think I heard Mr.

               6            Olsen say we will.

               7                 MR. EWASUTYN:  I have a motion by

               8            Dave Dominick and a second by Ken

               9            Mennerich.  Any discussion?  I'll move

              10            for a roll call.  We'll start with Ken

              11            Mennerich.

              12                 MR. MENNERICH:  Aye.

              13                 MR. EWASUTYN:  Aye.

              14                 MR. DOMINICK:  Aye.

              15                 MR. WARD:  Aye.

              16                 MR. EWASUTYN:  We will be waiting

              17            for your resubmission.

              18                 MR. HINES:  We talked at work

              19            session about whether you want to bring

              20            it to a technical work session.

              21                 MR. EWASUTYN:  Would you like to

              22            do that, Jim?  I'll let Pat explain that

              23            to you.

              24                 MR. HINES:  The Board authorizes,

              25            on occasion, work sessions for projects

                                                                   17

               2            that are way past the concept stages to

               3            the final design, to work out final

               4            details.  Those work sessions are held

               5            on the 4th Tuesday of every month.  So,

               6            it would be the 25th of this month.

               7            So, that's available if you want to

               8            come in and work with the consultant

               9            team to finalize any issues.

              10                 MR. GILLESPIE:  I feel they are

              11            pretty self explanatory.  I'd like to

              12            resubmit and then if you felt, or the

              13            staff felt, we needed to talk.  Is that

              14            an option, that we can schedule a work

              15            shop after you had a chance to see what

              16            we resubmitted and if there were

              17            additional questions?

              18                 MR. HINES:  Yeah, the Board can

              19            schedule even as late as the meeting of

              20            the 20th if there are still issues; or

              21            it would have to be the next month.

              22                 MR. EWASUTYN:  I think what we are

              23            trying to avoid is that last minute

              24            scramble.

              25                 MR. GILLESPIE:  Okay.

                                                                   18

               2                 MR. EWASUTYN:  So, what we are

               3            offering you here now is a chance to

               4            sit down and define it and then come

               5            back.

               6                 MR. GILLESPIE:  Yes.  Sounds good.

               7            Schedule it.

               8                 MR. EWASUTYN:  If we change it,

               9            your cost associated with this process,

              10            (inaudible), ... this weekly, growing

              11            and growing.  Okay, so what would the

              12            date on that be?

              13                 MR. HINES:  October 25th.

              14                 MR. EWASUTYN:  I move for a motion

              15            to set Cumberland Farms for the

              16            consultants work session on the 25th of

              17            October at 1:00.

              18                 MR. HINES:  Yes.

              19                 MR. MENNERICH:   I make the

              20            motion.

              21                 MR. WARD:  Second.

              22                 MR. EWASUTYN:  Motion by Ken

              23            Mennerich.  Second by John Ward. I ask

              24            for a roll call vote, starting with Ken

              25            Mennerich.

                                                                   19

               2                 MR. MENNERICH:  Aye.

               3                 MR. EWASUTYN:  Aye.

               4                 MR. DOMINICK:  Aye.

               5                 MR. WARD:  Aye.

               6                 MR. EWASUTYN:  Thank you.  I think

               7            it makes the best sense.

               8                 MR. GILLESPIE:  Sounds good.  Thank

               9            you.

              10

              11

              12                 (Time Noted:  7:15 p.m.)

              13

              14

              15

              16

              17

              18

              19

              20

              21

              22

              23

              24

              25

                                                                   20

               2                  C E R T I F I C A T E

               3

               4       STATE OF NEW YORK        )
                                                :  SS.:
               5       COUNTY OF ORANGE         )

               6

               7            I, STACY ZAGON, a Notary Public for and

               8       within the State of New York, do hereby

               9       certify:

              10            That the witness whose examination is

              11       hereinbefore set forth was duly sworn and

              12       that such examination is a true record of

              13       the testimony given by that witness.

              14            I further certify that I am not related

              15       to any of the parties to this action by

              16       blood or by marriage and that I am in no way

              17       interested in the outcome of this matter.

              18            IN WITNESS WHEREOF, I have hereunto set

              19       my hand this 6th day of October, 2016.

              20

              21
                                 _____________________________
              22                      STACY ZAGON

              23

              24

              25

                                                                   1

               2       STATE OF NEW YORK    :    COUNTY OF ORANGE

               3       TOWN OF NEWBURGH PLANNING BOARD

               4       -------------------------------------------X

               5       In the Matter of

               6

               7                     RESTAURANT DEPOT
                                         (2015-33)
               8

               9       -------------------------------------------X

              10

              11                  			DATE:   October 6, 2016
                                     		TIME:   7:15 p.m.
              12                  			PLACE:  Town of Newburgh
                                               	        Town Hall
              13                     			  1496 Route 300
                                  				  Newburgh, NY 12550
              14

              15

              16       BOARD MEMBERS:      JOHN P. EWASUTYN
                                           KENNETH MENNERICH
              17                           DAVID DOMINICK
                                           JOHN A. WARD
              18

              19

              20       ALSO PRESENT:       PATRICK HINES
                                           KENNETH WERSTED
              21

              22       -------------------------------------------X

              23                     MICHELLE CONERO
                                    10 Westview Drive
              24                 Wallkill, New York 12589
					       (845)895-3018
              25	

                                                                   2

               2                 MR. EWASUTYN:   The second item

               4            on the agenda of October 6th is

               5            Restaurant Depot, here for their

               6            approval of their signage.  It is

               7            located on Route 300, IB Zone.  It's

               8            being represent by Larry Marshall.

               9                 MR. MARSHALL:  Good evening.  So,

              10            as we discussed during the site plan

              11            process, Restaurant Depot will be

              12            returning for their signage, the

              13            signage package on the building.  So

              14            we're here before you to present that

              15            package, provide the Board with 11 by

              16            17 printouts of each of the proposed

              17            signs on the parcel, with square

              18            footages and designations as far as

              19            heights and a rough idea of the

              20            construction methods.  There is a total

              21            of nine advertising signs on the

              22            proposed site plan and two directional

              23            signs.  The sign I -- I'll start down

              24            by Route 300.  Sign I is a proposed

              25            internally lit monument sign, 32 square

                                                                   3

               2            feet per side, internally lit with

               3            fluorescent lighting.  We provided in

               4            detail for that, pretty low in height,

               5            overall height of 48 inches, 18 inch

               6            base with 30 inch cabinet and then 96

               7            inches long.  That would be proposed

               8            down the entrance to the site.  The

               9            remaining signs are the Restaurant

              10            Depot circular logo and the "where

              11            restaurants shop" slogan and they would

              12            be located on the corners of the

              13            building, as shown on the first sheet

              14            of the packet.

              15                 There is a mistake on the packet

              16            and in the project narrative.  The

              17            circular logos are listed as 144 square

              18            feet and 16 square feet for the two

              19            different sizes that are being

              20            proposed.  Those are incorrect and I

              21            spoke to your engineer about that this

              22            afternoon.  The sign company took the

              23            circular sign and drew a square around

              24            it and said that is the area.  So the

              25            actual signage that we are requesting

                                                                   4

               2            is approximately 677 square feet, as

               3            opposed to the 804 that we note on the

               4            application or on the project

               5            narrative.  So with sign A, D, F, and

               6            H, are all 113.1 square feet as opposed

               7            to the 144 square feet shown in the

               8            plans.  And then sign C is 12.6 square

               9            feet, as opposed to the 16 square feet

              10            shown in the plans.  So we would need

              11            obviously, as outlined in Pat's

              12            comments, we will need variances not

              13            only for the overall signs square

              14            footage, because we received the 552.93

              15            square feet by code, but we would also

              16            be located too close to the yard at the

              17            proposed entrance for the monument

              18            sign.

              19                 MR. EWASUTYN:  So in summary, they

              20            are here tonight for a referral to the

              21            Zoning Board of Appeals?

              22                 MR. HINES:  Yes.  That is the only

              23            action the Board can take.  For both

              24            the sign area, they are proposing 677

              25            square feet where 552.93 is permitted.

                                                                   5

               2            So they will need a 124.07 square foot

               3            variance for that.  And then the

               4            monument sign appears to be closer than

               5            15 feet to the front property line

               6            along Route 300.  With Jerry not being

               7            here, I will need to confirm if that

               8            also needs to be 15 feet from the side

               9            yard.  It says front lines.  So those

              10            two variances are required, but we will

              11            get with Jerry next week and figure out

              12            exactly if he needs one for the side,

              13            but they definitely need one for the

              14            square footage and the monument sign

              15            needs a variance.  So whichever one or

              16            two it needs.

              17                 MR. EWASUTYN:  So the one for

              18            square footage needs a variance of 124

              19            square feet?

              20                 MR. HINES:  124.07.

              21                 MR. EWASUTYN:  And the monument we

              22            will have to get a determination?

              23                 MR. HINES:  Yeah.  I can't tell

              24            from the scale of this where the

              25            monument sign falls.  So that is

                                                                   6

               2            determined by one of your maps.

               3                 MR. MARSHALL:  We will provide a

               4            better map showing actual distances to

               5            the sign, but it will be within that 15

               6            feet.  And not only the front yard, but

               7            if it's determined it is required to be

               8            15 feet from the side yard, we would

               9            obviously be located significantly

              10            closer than that, just given the narrow

              11            width of the lot.

              12                 MR. HINES:  Normally, Mike

              13            Donnelly will send a letter outlining

              14            the variances, so if you can sooner

              15            than later calculate the actual --

              16                 MR. MARSHALL:  Absolutely.  Should

              17            I send that to you and CC the Board?

              18                 MR. HINES:  Yes.

              19                 MR. EWASUTYN:  Send one to Pat and

              20            one to the Board.  I will distribute

              21            them to the Board and one to you.  If

              22            you are going to tomorrow, then send it

              23            directly to us in Mike's absence.

              24                 MR. HINES:  I can forward those.

              25            The only other comment I have is the

                                                                   7

               2            rendering for the monument sign has

               3            some landscaping not shown on the

               4            landscaping plan.  So if we can get

               5            some detail, just what that is, if it's

               6            really there and not just some artist

               7            rendering?

               8                 MR. MARSHALL:  What I will do is

               9            provide the dimensions and we will show

              10            the landscaping.

              11                 MR. HINES:  Yup.

              12                 MR. EWASUTYN:  All right, then I

              13            will move for a motion to have Mike

              14            Donnelly prepare a letter to the Zoning

              15            Board of Appeals for the necessary

              16            variances associated about the

              17            Restaurant Depot signage; and unless we

              18            have a comment from Jerry Canfield,

              19            Code Compliance, as far as the monument

              20            sign and the required 15 foot setback,

              21            that letter will describe that in

              22            detail.

              23                 MR. WARD:  I make a motion.

              24                 MR. DOMINICK:  Second.

              25                 MR. EWASUTYN:  I have a motion

                                                                   8

               2            from John Ward and a second from Dave

               3            Dominick.  I'll ask for a roll call

               4            vote starting with Ken Mennerich.

               5                 MR. MENNERICH:  Aye.

               6                 MR. EWASUTYN:  Aye.

               7                 MR. DOMINICK:  Aye.

               8                 MR. WARD:  Aye.

               9                 MR. MARSHALL:  Thank you very

              10            much.

              11

              12

              13                 (Time noted:  7:25 p.m.)

              14

              15

              16

              17

              18

              19

              20

              21

              22

              23

              24

              25

                                                                   9

               2                  C E R T I F I C A T E

               3

               4       STATE OF NEW YORK        )
                                                :  SS.:
               5       COUNTY OF ORANGE         )

               6

               7            I, STACY ZAGON, a Notary Public for and

               8       within the State of New York, do hereby

               9       certify:

              10            That the witness whose examination is

              11       hereinbefore set forth was duly sworn and

              12       that such examination is a true record of

              13       the testimony given by that witness.

              14            I further certify that I am not related

              15       to any of the parties to this action by

              16       blood or by marriage and that I am in no way

              17       interested in the outcome of this matter.

              18            IN WITNESS WHEREOF, I have hereunto set

              19       my hand this 6th day of October 2016.

              20

              21
                                 _____________________________
              22                      STACY ZAGON

              23

              24

              25

                                                                   1

               2       STATE OF NEW YORK    :    COUNTY OF ORANGE

               3       TOWN OF NEWBURGH PLANNING BOARD

               4       -------------------------------------------X

               5       In the Matter of

               6

               7                 PEAK SUMMIT SUBDIVISION
                                         (16-13)
               8

               9       -------------------------------------------X

              10

              11                  			DATE:   October 6, 2016
                                     		TIME:   7:25 p.m.
              12                  			PLACE:  Town of Newburgh
                                        			  Town Hall
              13                     			  1496 Route 300
                                  				  Newburgh, NY 12550
              14

              15

              16       BOARD MEMBERS:      JOHN P. EWASUTYN
                                           KENNETH MENNERICH
              17                           DAVID DOMINICK
                                           JOHN A. WARD
              18

              19

              20       ALSO PRESENT:       PATRICK HINES
                                           KENNETH WERSTED
              21

              22       -------------------------------------------X

              23                      MICHELLE CONERO
                                     10 Westview Drive
              24                  Wallkill, New York 12589
						  (845)895-3018
              25

                                                                   2

               2                

   3                 MR. EWASUTYN:  And the third item

               4            this evening on the regular Planning

               5            Board agenda is Peak Summit

               6            Subdivision.  It's a four lot

               7            subdivision located on Fostertown Road

               8            in an R2 zone and it's being

               9            represented by Ken Lytle of Zen

              10            Design.

              11                 MR. HINES:  Actually, it's a three

              12            lot subdivision, not four.

              13                 MR. LYTLE:  Since our last

              14            meeting, we directed to the Town Board

              15            for the three driveways going down to

              16            one.  We received that.  We also

              17            received the County approval from the

              18            Highway Department.  You guys should

              19            have a copy of that.  And based on

              20            Pat's comments, he has a few new

              21            comments.  I'd like to work with Pat on

              22            the issue if we need to do that.  We

              23            have position just cut that the square

              24            footage down so it's not as close.

              25                 MR. EWASUTYN:  And you have road

                                                                   3

               2            names that are being presented?

               3                 MR. LYTLE:  Road names have

               4            already been presented once.  The first

               5            three we gave them was already being

               6            used or close to something else.  We

               7            sent three new names over and have not

               8            heard back, so I'm waiting to hear.

               9                 MR. EWASUTYN:  Pat Hines.

              10                 MR. HINES:  Yeah.  My first

              11            comment has to do with the County

              12            Public Works.  We have, since these

              13            comments were done, received the

              14            approval from the County Public Works

              15            just requiring the work permit.  The

              16            lead agency circulation, 30 day time

              17            frame lapsed at close of business

              18            today.  So the Board can declare itself

              19            as lead agency.

              20                 Our next comment notes that the

              21            grading plans have been modified.  The

              22            lowest suitable elevations have been

              23            provided and all adjoining wells and

              24            septics have been provided.  We are

              25            just suggesting that the detail sheets

                                                                    4

               2            be relabeled.  Most are on sheet four.

               3            The common driveway access maintenance

               4            agreement will need to be approved by

               5            Mike Donnelly's office.  The project

               6            does require a public hearing.  What

               7            Mr. Lytle was just referring to is the

               8            limits of disturbance have been

               9            identified on the plans.  There is a

              10            calculated 0.9 sub, or 300th of an acre

              11            less than the one acre threshold for

              12            the need for a speeds permit.  We

              13            suggested that they either gain

              14            coverage for the speeds permit because

              15            3/10 of an acre is not all that much,

              16            or delay in the field with Orange

              17            fence, construction fence, the limits

              18            of disturbance, so they remain under.

              19            It's a concern because as a regular

              20            (inaudible) exceeds 1 acre, the Town

              21            has some exposure for enforcement.  So

              22            being that close, if the plans can be

              23            modified to reduce disturbance to an

              24            additional level of comfort, but if

              25            not, then we suggest the limit be

                                                                    5

               2            delineated in the field prior to

               3            construction.

               4                 MR. LYTLE:  That's fine.

               5                 MR. EWASUTYN:  So would you

               6            recommend that we make a determination

               7            now?

               8                 MR. HINES:  Yes.  Our previous

               9            comments have been addressed.  We would

              10            recommended a negative declaration.

              11                 MR. EWASUTYN:  Comments from the

              12            Board members?

              13                 MR. MENNERICH:  No.

              14                 MR. DOMINICK:  No.

              15                 MR. WARD:  No.

              16                 MR. EWASUTYN:  I'll move for a

              17            motion to declare negative declaration

              18            for the three lot subdivision in Peak Summit,

              19            located on Fostertown Road in an R2

              20            zone.

              21                 MR. MENNERICH:  Motion.

              22                 MR. DOMINICK:  Second.

              23                 MR. EWASUTYN:  Motion by Ken

              24            Mennerich.  Second by Dave Dominick.

              25            I'll call for a roll call vote starting

                                                                   6

               2            with Ken Mennerich.

               3                 MR. MENNERICH:  Aye.

               4                 MR. DOMINICK:  Aye.

               5                 MR. WARD:  Aye.

               6                 MR. EWASUTYN:  Aye.  Your availability

               7            for a public hearing is?  I know you

               8            had plans on being away or not being

               9            away.

              10                 MR. LYTLE:  I believe we are away

              11            from the 26th to the 2nd.

              12                 MR. EWASUTYN:  So you are not

              13            available for the meeting of the --

              14            it's too soon to the meeting on the

              15            20th?

              16                 MR. HINES:  I can't get it

              17            published.

              18                 MR. EWASUTYN:  So then the meeting

              19            in December --

              20                 MR. HINES:  The first meeting in

              21            November is the 3rd, but Ken is away,

              22            so it would be November 17th is the

              23            second meeting in November.

              24                 MR. EWASUTYN:  I'll move for a

              25            motion to set this for a public hearing

                                                                    7

               2            on November 17th.

               3                 MR. MENNERICH:  Motion.

               4                 MR. WARD:  Second.

               5                 MR. EWASUTYN:  Motion by Ken

               6            Mennerich.  Second by John Ward.  Roll

               7            call vote starting with Ken Mennerich.

               8                 MR. MENNERICH:  Aye.

               9                 MR. EWASUTYN:  Aye.

              10                 MR. DOMINICK:  Aye.

              11                 MR. WARD:  Aye.

              12

              13                 (Time noted:  7:29 p.m.)

              14

              15

              16

              17

              18

              19

              20

              21

              22

              23

              24

              25                  

											  8
C E R T I F I C A T E

               2

               3       STATE OF NEW YORK        )
                                                :  SS.:
               4       COUNTY OF ORANGE         )

               5

               6            I, STACY ZAGON, a Notary Public for and

               7       within the State of New York, do hereby

               8       certify:

               9            That the witness whose examination is

              10       hereinbefore set forth was duly sworn and

              11       that such examination is a true record of

              12       the testimony given by that witness.

              13            I further certify that I am not related

              14       to any of the parties to this action by

              15       blood or by marriage and that I am in no way

              16       interested in the outcome of this matter.

              17            IN WITNESS WHEREOF, I have hereunto set

              18       my hand this 6th day of October 2016.

              19

              20
                                 _____________________________
              21                      STACY ZAGON

              22

              23

              24

              25

                                                                     1

               2       STATE OF NEW YORK    :    COUNTY OF ORANGE

               3       TOWN OF NEWBURGH PLANNING BOARD

               4       -------------------------------------------X

               5       In the Matter of

               6

               7                        POLO CLUB
                                         (06-09)
               8

               9       -------------------------------------------X

              10

              11                  			DATE:   October 6, 2016
                                     		TIME:   7:30 p.m.
              12                  			PLACE:  Town of Newburgh
                                        			  Town Hall
              13                     			  1496 Route 300
                                  				  Newburgh, NY 12550
              14

              15

              16       BOARD MEMBERS:      JOHN P. EWASUTYN
                                           KENNETH MENNERICH
              17                           DAVID DOMINICK
                                           JOHN A. WARD
              18

              19

              20       ALSO PRESENT:       PATRICK HINES
                                           KENNETH WERSTED
              21

              22       -------------------------------------------X

              23                       MICHELLE CONERO
                                      10 Westview Drive
              24                   Wallkill, New York 12518
						   (845)895-3018
              25

                                                                    2

               2

               3                 MR. EWASUTYN:  In addition to the

               4            three Planning Board agenda items, we

               5            have two items on the Board business

               6            this evening.  I'll ask Dave Dominick

               7            to read the first one.

               8                 MR. DOMINICK:  The first is Polo

               9            Club, 06-09.  It's a six month

              10            extension form April 6, 2016 to April

              11            6, 2017.

              12                 MR. EWASUTYN:  At this point I'll

              13            ask Mr. Weinberg to -- I'm glad you are

              14            here because what we have been doing

              15            lately is the projects that have a long

              16            term history in the Town, we are kind

              17            of curious to learn about them and what

              18            you're anticipating, what your hopes

              19            are, what your dreams are.

              20                 MR. WEINBERG:  I've been dreaming

              21            about this for along time. so let me

              22            give a little background.  So, most of

              23            you have been here during the process

              24            which has gone on for just over 10

              25            years now.  The original plan was to do

                                                                   3

               2            the Polo Club and Driscoll

               3            simultaneously.  Because the original

               4            concept was -- we had a townhouse

               5            project and single family home and my

               6            whole concept was to build both of them

               7            at the same time and have them market

               8            so that we can service both a townhouse

               9            market and a single family market.

              10            I've been proven that I, my

              11            expectations were wrong.  Apparently

              12            after numerous attempts by myself and

              13            several other of my associates to try

              14            to put together a package to do both of

              15            them, it doesn't seem to be feasible in

              16            today's economy and today's reality of

              17            what's going on in the Town of

              18            Newburgh.  So, I have decided to pursue

              19            the Polo Club as an independent

              20            project, rather then putting both

              21            together and try to do both at the same

              22            time.  The Polo Club, as you are aware,

              23            was a townhouse project and there is a

              24            viable market for a townhouse project.

              25                 What we found out, at least in my

                                                                    4

               2            experience, has been that the single

               3            family homes -- and we had a lot of

               4            them -- was not practical consideration

               5            that the banks would consider.  I think

               6            it's a great project.  I've been

               7            fighting for it for a long time.  We

               8            worked very hard on that project

               9            because the project actually works.

              10            From a design standpoint, it's in a

              11            great location.  The size of the lots

              12            are great.  There is nothing that I can

              13            tell you I would have done differently,

              14            except the market has told me I can't

              15            get it financed and there is not a

              16            market there that is willing to go for

              17            a single family project.

              18                 So I have now shifted my efforts

              19            to just developing the Polo Club and

              20            I'm now talking to several people to do

              21            a joint venture with me or ultimately

              22            selling it.  But my focus has now

              23            changed to just pursuing the Polo Club.

              24            That's why normally it's always Polo

              25            and Driscoll.

                                                                    5

               2                 MR. HINES:  I had mentioned that

               3            at work session today.

               4                 MR. WEINBERG:  And that is why I

               5            wanted to come in.  It was not a

               6            mistake.  I really want to explain to

               7            you what it is.  Mr. Chairman, we had

               8            talked about this a while ago.  The

               9            inside dimensions that I can give and

              10            the feedback that I have gotten back

              11            from other developments that I am

              12            doing, unfortunately, on a single

              13            family home, the biggest hang up is the

              14            school system, and I know it's not

              15            within your control, but it's the

              16            single biggest factor in the

              17            marketplace telling us that Newburgh is

              18            a very difficult place to develop a

              19            single family home.  Our concept was to

              20            keep the price down so it's affordable.

              21            Okay?  It works because we got the

              22            density there.  We run relatively small

              23            lots, 12,000 square foot lots, which

              24            for this Town is good.  So we had all

              25            of the elements of being able to do it,

                                         

                          							6

               2            but the market is not there.  And it's

               3            -- quite honestly the elementary

               4            schools are very good.  Nobody seems to

               5            have a problem.  It's going to the high

               6            school where the resistance is just

               7            tremendously negative and it effects

               8            every level of trying to develop a

               9            project.

              10                 MR. EWASUTYN:  Thank you.

              11                 MR. HINES:  Is the Polo Club going

              12            to stay a townhouse sale or is it going

              13            to become rentals?  That's the market

              14            we are seeing most are coming before

              15            the Board.

              16                 MR. WEINBERG:  The answer is I'm

              17            marking it as a townhouse.  I have one

              18            group that is talking to me about a

              19            townhouse.  There is another group out

              20            there that would like to buy it from

              21            me.  Okay?  And come back in and talk

              22            about a rental.  Again the Polo Club

              23            was designed as a condo.  So, I don't

              24            know if there is a difference.  We will

              25            come to the Board and explain to you

                                                                    7

               2            what we are doing, but from a design

               3            stand point, I don't know if there is

               4            any difference.

               5                 MR. HINES:  There is not.

               6                 MR. WEINBERG:  But from a

               7            practical standpoint, I think there is.

               8            I'm a big advocate of the condo because

               9            I think there is a need for it.

              10            Frankly, if I had to redesign that

              11            project today, I would add a first

              12            floor master bedroom downstairs on my

              13            redesign because on a townhouse

              14            project, what I'm finding is, the

              15            biggest market we have is the empty

              16            nester market.  People downsizing from

              17            their homes and if you can give them a

              18            first floor master bedroom downstairs,

              19            it opens up a whole new marketplace.

              20            So, one of the things I looked at,

              21            which is a little too early to come

              22            back to you is that the end unit, okay,

              23            I was going to take 2 feet out of the

              24            middle units and make the end units

              25            bigger, keeping the same footprint and

                                                         

 						         8

               2            trying to put a first floor master

               3            bedroom downstairs.  Again it's

               4            premature for me to come back to you,

               5            but that's my thoughts on how to hit

               6            the market on a redesign of the

               7            interior of the units.

               8                 MR. EWASUTYN:  The cost

               9            associated, let me step back.  Working

              10            with Driscoll, working with Polo Club

              11            from a construction standpoint, that

              12            many units combined will help offset

              13            the cost of sewer.  So, how is it

              14            manageable without those and I think

              15            the number was 134, 135 units, plus or

              16            minus 132.  How will it be cost

              17            effective to do the Polo Club without

              18            the other factor and that is more

              19            something you have to work with than

              20            the Planning Board, but it was always

              21            essential.

              22                 MR. WEINBERG:  Basically, as we

              23            all know, the value of a project, okay,

              24            is determined by what the land value

              25            and the improvement cost was, and that

                                         

                          9

               2            can't exceed a certain amount.  So in

               3            order for me to develop the Polo Club,

               4            my land value has gone down because my

               5            improvement costs are going to go up

               6            because the Polo Club has to absorb all

               7            of the sewer costs.  The land value is

               8            going to go down by a percentage of

               9            that and that is what we are doing

              10            right now, is the value of that

              11            property will go down X amount because

              12            of the additional improvement costs

              13            attributed to what Driscoll was going to

              14            pick up on.

              15                 MR. EWASUTYN:  Questions from

              16            Board members?

              17                 MR. WARD:  What would you do with

              18            Driscoll?

              19                 MR. WEINBERG:  We don't know yet.

              20            That needs to be rethought.  It's --

              21            the answer is, I don't know.  I don't

              22            want to tell you.  Anything else, there

              23            is, you know, that whole area there

              24            we're next to the industrial piece.

              25            This is an R3, so it allows some

                                                                   10

               2            multi-family.  Again, I have not been

               3            able to put together a viable plan on

               4            that piece which I'm satisfied with.

               5                 MR. EWASUTYN:  Dave Dominick?

               6                 MR. DOMINICK:  You have had this

               7            project now for ten years.  Where do

               8            you see yourself in the project in six

               9            months with the extension.  Where are

              10            we going to be, somewhere stagnant?

              11                 MR. WEINBERG:  I don't believe so.

              12            There is a lot happening now.  The

              13            market has come back.  New people are

              14            now being involved and changed the

              15            dynamic of the project, going from a

              16            very, very large project, I had a 135

              17            and another 106, to down to something

              18            more reasonable.  So the scope of the

              19            people who I can talk to, who are

              20            financially able to work with me on

              21            this, has opened up; and where I had my

              22            expectations and dreams, if you will,

              23            to put this whole package together, and

              24            I guess it was part of my refusal to

              25            let that go as well as the realities of

                                                                   11

               2            the world economics, I have now shifted

               3            to just focusing on Polo and it seems

               4            that there is a whole different group,

               5            if you will, of investors and money,

               6            people and developers, who have shown

               7            an interest.  So I think now is the

               8            time for me to focus just on the Polo

               9            and get that to the point where we may

              10            need to make some tweaks to it to bring

              11            it up to date and whatever else it is,

              12            but I think it's realistic for us to

              13            know in the next several months where

              14            we are going with it.

              15                 MR. EWASUTYN:  Ken Mennerich.

              16                 MR. MENNERICH:  Are you going to

              17            withdraw the Driscoll application

              18            because you are not, you have not asked

              19            for an extension on it?

              20                 MR. WEINBERG:  I guess that would

              21            be the proper thing to do.  I didn't

              22            think of it.  If it's not extended,

              23            does it just lapse.

              24                 MR. HINES:  Yeah.  It will go away

              25            by default.

                                                                   12

               2                 MR. EWASUTYN:  Well, that is

               3            something to think about.

               4                 MR. WEINBERG:  Well, if the Board

               5            thinks it's best.

               6                 MR. EWASUTYN:  The Board is not

               7            going to advise you on what we think is

               8            best.

               9                 MR. WEINBERG:  I'll take a look at

              10            that.  Let me talk to counsel about

              11            that and see what the best mechanism

              12            is.

              13                 MR. EWASUTYN:  Thank you for your

              14            time.  I'll move for a motion to grant

              15            the six month extension for the Polo

              16            Club project, 2006-09, from October 6,

              17            2016 through April 6, 2017.

              18                 MR. WARD:  Motion.

              19                 MR. DOMINICK:  Second.

              20                 MR. EWASUTYN:  Motion by John

              21            Ward.  Second by Dave Dominick.  Roll

              22            call vote starting with Ken Mennerich.

              23                 MR. WARD:  Aye.

              24                 MR. EWASUTYN:  Aye.

              25                 MR. DOMINICK:  Aye.

                                                                   13

               2                 MR. WARD:  Aye.

               3                 MR. WEINBERG:  Thank you again.

               4

               5

               6                 (Time noted:  7:43 p.m.)

               7

               8

               9

              10

              11

              12

              13

              14

              15

              16

              17

              18

              19

              20

              21

              22

              23

              24

              25

                                                                   14

               2                  C E R T I F I C A T E

               3

               4       STATE OF NEW YORK        )
                                                :  SS.:
               5       COUNTY OF ORANGE         )

               6

               7            I, STACY ZAGON, a Notary Public for and

               8       within the State of New York, do hereby

               9       certify:

              10            That the witness whose examination is

              11       hereinbefore set forth was duly sworn and

              12       that such examination is a true record of

              13       the testimony given by that witness.

              14            I further certify that I am not related

              15       to any of the parties to this action by

              16       blood or by marriage and that I am in no way

              17       interested in the outcome of this matter.

              18            IN WITNESS WHEREOF, I have hereunto set

              19       my hand this 6th day of October 2015.

              20

              21
                                 _____________________________
              22                      STACY ZAGON

              23

              24

              25

                                                                   1

               2       STATE OF NEW YORK    :    COUNTY OF ORANGE

               3       TOWN OF NEWBURGH PLANNING BOARD

               4       -------------------------------------------X

               5       In the Matter of

               6

               7                   DiCHIARO SUBDIVISION
                                         (14-20)
               8

               9       -------------------------------------------X

              10

              11                  			DATE:  October 6, 2016
                                     	TIME:  7:43 p.m.
              12                  			PLACE: Town of Newburgh
                                        			 Town Hall
              13                     			 1496 Route 300
                                  				 Newburgh, NY 12550
              14

              15

              16       BOARD MEMBERS:      JOHN P. EWASUTYN
                                           KENNETH MENNERICH
              17                           DAVID DOMINICK
                                           JOHN A. WARD
              18

              19

              20       ALSO PRESENT:       PATRICK HINES
                                           KENNETH WERSTED
              21

              22       -------------------------------------------X

              23                       MICHELLE CONERO
                                      10 Westview Drive
              24                   Wallkill, New York 12589
						   (845)895-3018
              25

                                                                   2

               2

               3                 MR. EWASUTYN:  And let's see.

               4            Dave you can read the next item.

               5                 MR. DOMINICK:  Our next item under

               6            Board business is the DeChiaro

               7            Subdivision, 2014-20.  It's a six month

               8            extension from October 6, 2016 to April

               9            6, 2017.

              10                 MR. HINES:  It's not an older

              11            project.  It's relatively new.

              12                 MR. EWASUTYN:  Then I will move

              13            for a motion to grant the extension as

              14            read by Dave Dominick, Planning Board

              15            member to, what was the ending date

              16            Dave?

              17                 MR. DOMINICK:  It was April 6,

              18            2017.

              19                 MR. EWASUTYN:  April 6, 2017.

              20                 MR. MENNERICH:  Motion.

              21                 MR. WARD:  Second.

              22                 MR. EWASUTYN:  Motion by Ken

              23            Mennerich.  Second by John Ward.  Roll

              24            call vote starting with Ken Mennerich.

              25                 MR. MENNERICH:  Aye.

                                                                    3

               2                 MR. EWASUTYN:  Aye.

               3                 MR. DOMINICK:  Aye.

               4                 MR. WARD:  Aye.

               5

               6

               7                 (Time noted: 7:44 p.m.)

               8

               9

              10

              11

              12

              13

              14

              15

              16

              17

              18

              19

              20

              21

              22

              23

              24

              25

                                                                     4

               2                  C E R T I F I C A T E

               3

               4       STATE OF NEW YORK        )
                                                :  SS.:
               5       COUNTY OF ORANGE         )

               6

               7            I, STACY ZAGON, a Notary Public for and

               8       within the State of New York, do hereby

               9       certify:

              10            That the witness whose examination is

              11       hereinbefore set forth was duly sworn and

              12       that such examination is a true record of

              13       the testimony given by that witness.

              14            I further certify that I am not related

              15       to any of the parties to this action by

              16       blood or by marriage and that I am in no way

              17       interested in the outcome of this matter.

              18            IN WITNESS WHEREOF, I have hereunto set

              19       my hand this 6th day of October 2015.

              20

              21
                                 _____________________________
              22                      STACY ZAGON

              23

              24

              25

                                                                    1

               2       STATE OF NEW YORK    :    COUNTY OF ORANGE

               3       TOWN OF NEWBURGH PLANNING BOARD

               4       -------------------------------------------X

               5       In the Matter of

               6

7	SUMMIT LANE  (2015-18)

               8				 DRURY HEIGHTS

               9       -------------------------------------------X

              10				  BOARD BUSINESS

              11                  			DATE:   October 6, 2016
                                     		TIME:   7:45 p.m.
              12                  			PLACE:  Town of Newburgh
                                        			  Town Hall
              13                     			  1496 Route 300
                                  				  Newburgh, NY 12550
              14

              15

              16       BOARD MEMBERS:      JOHN P. EWASUTYN
                                           KENNETH MENNERICH
              17                           DAVID DOMINICK
                                           JOHN A. WARD
              18

              19

              20       ALSO PRESENT:       PATRICK HINES
                                           KENNETH WERSTED
              21

              22       -------------------------------------------X

              23                       MICHELLE CONERO
                                      10 Westview Drive
              24                   Wallkill, New York 12589
						   (845)895-3018
              25

                                                                    2

               2

               3                 MR. HINES:  At work session, I

               4            went over with the Board a request from

               5            Summit Lane, formally known as the Park

               6            Lane project.  During the planning

               7            process for the original 200 and

               8            something project, the Board discussed

               9            with the applicant providing sidewalks

              10            from the project out to Stewart Avenue.

              11            The applicants came back to the Board

              12            with a proposal to widen one lane of

              13            the Boulevard access, to provide for

              14            sidewalk basically delineated by

              15            painting or stamped concrete.  They

              16            have gone on and constructed the

              17            roadway.  The project is probably 95

              18            percent complete, with the exception of

              19            the expansion area that the Board

              20            approved.  But they are coming back now

              21            and want to build conventional

              22            sidewalks along the north side of the

              23            access road.  I don't know why.  I can

              24            only imagine that an insurance company

              25            told them if they don't want people

                                                                    3

               2            walking in the (inaudible), widen road

               3            lane.  So they want to come back with

               4            that change.  The roadway has been

               5            built with the wider width, but they

               6            would like the Board to consider it as

               7            a field change, the installation of a 5

               8            foot sidewalk along the northern

               9            portion of the access drive.  It will

              10            look like conventional sidewalks and I

              11            think it's probably a safer method of

              12            doing that than delineating it in the

              13            road.

              14                 MR. EWASUTYN:  And that is how you

              15            advise the Board?

              16                 MR. HINES:  Yes.  There is

              17            going to be that impervious surface

              18            leading to the sidewalks, but not

              19            enough to change a stormwater

              20            management plan or anything.

              21                 MR. EWASUTYN:  If the Board so

              22            agrees, then we will consider it to be

              23            a field change for the Summit Park site

              24            plan on the road, which I believe now

              25            is Drake Drive.

                                                                    4

               2                 MR. HINES:  I think so.

               3                 MR. WARD:  Aye.

               4                 MR. DOMINICK:  I do.

               5                 MR. MENNERICH:  Yes.

               6                 MR. EWASUTYN:  Let the record show

               7            that all Planning Board members

               8            consider it to be a field change.

               9                 MR. HINES:  The other thing that I

              10            forgot to bring up at work session is

              11            that I received a call from Brooker

              12            Engineering, the engineers for Drury

              13            Heights.  That project has its final

              14            approval and it looks like that is also

              15            going to commence construction.  That

              16            is the single family home project on

              17            the old Drury Lane, 17K area there.

              18            They are applying for the coverage

              19            under the SPDES permit, so that

              20            project is coming back to life.  If you

              21            remember that they had a court

              22            stipulation between the Town and the

              23            developer, which kind of controls that

              24            project and that is still in effect,

              25            but that looks like that is going to

                                                                    5

               2            start construction soon.

               3                 MR. EWASUTYN:  I saw some type of

               4            correspondence answer.

               5                 MR. HINES:  We got the updated

               6            wetland, Army Corp wetland permit

               7            recently.

               8                 MR. EWASUTYN:  Maybe that is what

               9            it was.

              10                 MR. HINES:  One of initial things

              11            they are going to do - and again it has

              12            to do with the two back species - they

              13            are going to go ahead and cut trees.

              14            They want to do that November 1st to

              15            March 31st.  They are going to go in

              16            and do any tree clearing they need to

              17            do, do the storm water management

              18            facilities and the army core wetland

              19            mitigation.  I think there is about 1

              20            1/2 acres of wetland that they have to

              21            build and fill in some 1/2 acre or so.

              22            I don't know the exact numbers, but

              23            that is what the client has started.

              24                 MR. EWASUTYN:  And that is

              25            interesting because listening to Mr.

                                                                     6

               2            Weinberg and what he said.  But that is

               3            a different school district also.  That

               4            is Valley Central School, but yet the

               5            concept is very similar.

               6                 MR. HINES:  Yes.

               7                 MR. WARD:  It made sense for him

               8            talking about the master bedroom on the

               9            ground floor.

              10                 MR. EWASUTYN:  Thank you ever so

              11            much.  At this point I'll move for a

              12            motion to close the planning board

              13            meeting of October 6, 2016.

              14                 MR. WARD:  Motion.

              15                 MR. DOMINICK:  Second.

              16                 MR. EWASUTYN:  Motion by John

              17            Ward.  Second by Dave Dominick.  I'll

              18            have a roll call vote starting with Ken

              19            Mennerich.

              20                 MR. MENNERICH:  Aye.

              21                 MR. EWASUTYN:  Aye.

              22                 MR. DOMINICK:  Aye.

              23                 MR. WARD:  Aye.

              24                 MR. EWASUTYN:  Thank you all.

              25                 (Time noted: 7:48 p.m.)

                                                                    7

               2                  C E R T I F I C A T E

               3

               4       STATE OF NEW YORK        )
                                                :  SS.:
               5       COUNTY OF ORANGE         )

               6

               7            I, STACY ZAGON, a Notary Public for and

               8       within the State of New York, do hereby

               9       certify:

              10            That the witness whose examination is

              11       hereinbefore set forth was duly sworn and

              12       that such examination is a true record of

              13       the testimony given by that witness.

              14            I further certify that I am not related

              15       to any of the parties to this action by

              16       blood or by marriage and that I am in no way

              17       interested in the outcome of this matter.

              18            IN WITNESS WHEREOF, I have hereunto set

              19       my hand this 6th day of October 2015.

              20

              21
                                 _____________________________
              22                      STACY ZAGON

              23

              24

              25