TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
-------------------------------------X
In Re:
LANDS OF RODRIGUEZ (2004-15)
Public Hearing - 2 Lot Subdivision
-------------------------------------X
Thursday - 7:00 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD C. BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
KEN WERSTED, Traffic Consultant
CRAIG MARTI, P.E.
Representing the Applicant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
2
1 LANDS OF RODRIGUEZ
2 CHAIRMAN EWASUTYN: I'd like to welcome
3 everyone to the Town of Newburgh Planning Board
4 meeting of the 8th of September. We'll call the
5 meeting officially to order with a roll call vote
6 starting with Frank.
7 MR. GALLI: Present.
8 MR. BROWNE: Present.
9 MR. MENNERICH: Here.
10 MR. PROFACI: Here.
11 CHAIRMAN EWASUTYN: Myself, present.
12 The Town of Newburgh Planning Board is
13 represented by a group of professionals who make
14 recommendation to the planning board. At this time
15 they'll introduce themselves.
16 MR. DONNELLY: Michael Donnelly,
17 planning board attorney.
18 MR. GARLING: Ed Garling, planning
19 board consultant to the planning board.
20 MR. COCKS: Bryant Cocks, planner,
21 Garling Associates.
22 MR. HINES: Pat Hines with McGoey,
23 Hauser & Edsall, consulting engineers.
24 MS. ARENT: Karen Arent, landscape
25 consultant.
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1 LANDS OF RODRIGUEZ
2 MR. WERSTED: Ken Wersted, Creighton
3 Manning Engineering, traffic consultants.
4 MRS. JACOBSEN: Norma Jacobsen,
5 secretary to the planning board.
6 CHAIRMAN EWASUTYN: Before we open the
7 meeting to official business I'll ask Frank to lead
8 the board.
9 (Pledge of Allegiance is said by all.)
10 CHAIRMAN EWASUTYN: The first item of
11 business this evening is the Lands of Rodriguez.
12 It's a public hearing for a two lot subdivision.
13 The property is in the RR zone. It's being
14 represented by Craig Marti. I'll ask Mr. Mennerich
15 to read the Notice of Hearing.
16 MR. MENNERICH: Notice of Hearing, Town
17 of Newburgh Planning Board. Please Take Notice that
18 the Planning Board of the Town of Newburgh, Orange
19 County, New York, will hold a public hearing
20 pursuant to Section 276 of the Town law on the
21 application of Lands of Christine Rodriguez for a
22 two lot subdivision on premises, Mountain View
23 Avenue in Town of Newburgh, designated on Town Tax
24 Map as Section 4, Block 1, Lot 48.2 and 48.3, zone
25 RR. Said hearing will be held the 8th day of
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1 LANDS OF RODRIGUEZ
2 September 2005 at the Town Hall Meeting Room, 1496
3 Route 300, Newburgh, New York, at seven p.m., at
4 which time all interested persons will be given an
5 opportunity to be heard. By Order of the Planning
6 Board of the Town of Newburgh, John P. Ewasutyn
7 Chairman, Planning Board, Town of Newburgh, dated
8 August 18th, 2005.
9 MS. JACOBSEN: Mr. Chairman, the
10 applicant's representatives sent nine notices
11 registered mail out and seven receipts were returned
12 signed. The Notice of Hearing was published in the
13 Mid-Hudson Times on August 31st and in the Sentinel
14 on September the 2nd, 2005. The mailings and the
15 Notice of Hearing are all in order. Thank you.
16 CHAIRMAN EWASUTYN: Thank you, Norma.
17 Mr. Marti?
18 MR. MARTI: Thank you, Mr. Chairman.
19 For the record my name is Craig Marti.
20 I'm with Valdina and Marti Surveying here in
21 Newburgh.
22 The project we're presenting here
23 tonight consists of properties owned by Christine
24 Rodriguez, which are currently designated as a tax
25 map parcel on Lot Number 48.3 and 48.2. Tax map
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1 LANDS OF RODRIGUEZ
2 parcel numbers which were assigned in 1974, however,
3 as Mrs. Rodriguez purchased the property and
4 attempted to build on the larger of the two lot
5 parcels, it became apparent or evident that there
6 was no formal subdivision of the land and the tax
7 map parcels or assignments were actually done
8 without proper authorization and proper subdivision
9 of the property.
10 In response to this board, we've gone
11 to the Zoning Board of Appeals for the appropriate
12 area variances consisting of lot areas and the vary
13 various setback variances which are required to
14 modify the lot lines as they're designated on the
15 tax maps such that the smaller portion within an
16 existing residential structure becomes larger in
17 size. We will utilize an existing stone wall as a
18 proposed property line and the lot in the back is
19 proposed to have a new house served by on-site well
20 and septic system. Both lots will have a common
21 drive which enters onto Mountain Avenue. The
22 driveway area easement agreements have been prepared
23 or are being prepared by the applicant's attorney
24 and will be satisfied with regards to any comments
25 of the town's planning -- legal counsel. And the
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1 LANDS OF RODRIGUEZ
2 subdivision map has been revised to reflect the
3 determination by the Zoning Board of Appeals and the
4 appropriate area variances which are requested.
5 CHAIRMAN EWASUTYN: Thank you. Is
6 there anyone here this evening who has comments on
7 the proposed two lot subdivision?
8 (No response.)
9 CHAIRMAN EWASUTYN: Then I'll turn it
10 over to our consultants for their final comments.
11 Ed?
12 MR. GARLING: Craig, we're going to
13 need another copy of the plan. We saw the copy Pat
14 has and I believe our comments have been addressed.
15 The variance, it's noted. Was there anything else?
16 MR. COCKS: No.
17 MR. GARLING: That's it.
18 MR. MARTI: Note six was added to refer
19 to the appropriate ZBA --
20 MR. GARLING: And you moved the septic.
21 MR. MARTI: Yes, we had adjusted that
22 in response to Pat's prior comment.
23 CHAIRMAN EWASUTYN: Pat, do you have
24 any other comments?
25 MR. HINES: The septic has been
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1 LANDS OF RODRIGUEZ
2 modified per our comments and the access and
3 maintenance agreements for the driveway are
4 outstanding. That's all.
5 CHAIRMAN EWASUTYN: Okay. Turn it over
6 to board members for their final comments. Frank?
7 MR. GALLI: No additional comment.
8 MR. MENNERICH: No questions.
9 MR. O'DONNELL: No.
10 MR. PROFACI: No.
11 CHAIRMAN EWASUTYN: Does the driveway
12 have to have a name to it?
13 MR. MARTI: I don't believe with the
14 two lots it would need a name. If there's a
15 requirement, I could take it up to the town board.
16 CHAIRMAN EWASUTYN: Does anyone know?
17 MR. HINES: Common driveways are not.
18 CHAIRMAN EWASUTYN: I wasn't sure of
19 that.
20 I move for a motion from the board,
21 then, to close the public hearing for the two lot
22 subdivision, Lands of Rodriguez.
23 MR. MENNERICH: So moved.
24 MR. GALLI: Second.
25 CHAIRMAN EWASUTYN: I have a motion by
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1 LANDS OF RODRIGUEZ
2 Ken. I have a second by Frank. Any discussion on
3 the motion? I'll ask for roll call vote starting
4 with Frank.
5 MR. GALLI: Aye.
6 MR. BROWNE: Aye.
7 MR. MENNERICH: Aye.
8 MR. O'DONNELL: Aye.
9 MR. PROFACI: Aye.
10 CHAIRMAN EWASUTYN: Myself, so carried.
11 Would you comment, Mike, on what the
12 resolution would require?
13 MR. DONNELLY: I believe there should
14 be three conditions. First will be reference to the
15 variance granted by the ZBA in July of this year.
16 The second was the requirement Craig mentioned
17 already, the review of a common driveway easement
18 and maintenance agreement, and the third is a
19 requirement of the payment of parkland fees but I
20 think there should be a fee for only the one new
21 lot. The other lot already has a home on it and I
22 would place that single lot condition.
23 CHAIRMAN EWASUTYN: Thank you. Having
24 heard the condition for approval, I would move for a
25 motion to approve the two lot subdivision.
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1 LANDS OF RODRIGUEZ
2 MR. O'DONNELL: So moved.
3 MR. PROFACI: Second.
4 CHAIRMAN EWASUTYN: I have a motion by
5 Ed. I have a second by Joe. Any discussion on the
6 motion? I'll ask for a roll call vote starting with
7 Frank.
8 MR. GALLI: Aye.
9 MR. BROWNE: Aye.
10 MR. MENNERICH: Aye.
11 MR. O'DONNELL: Aye.
12 MR. PROFACI: Aye.
13 CHAIRMAN EWASUTYN: And myself, yes, so
14 carried. Thank you.
15 MR. MARTI: Thank you.
16 (Time noted: 7:08 p.m.)
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C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
I, Charlene Koehler, a Certified
Shorthand Reporter and Notary Public do hereby
CERTIFY that I recorded stenographically the
proceedings herein, at the time and place noted
in the heading hereof, and that the foregoing is
an accurate and complete transcript of same, to
the best of my knowledge and belief.
___________________________
Charlene Koehler
Dated: September 26, 2005
TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
-------------------------------------X
In Re:
NINE ROCK CUT ROAD, LLC (2004-48)
Conceptual Site Plan
-------------------------------------X
Thursday - 7:09 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
KEN WERSTED, Traffic Consultant
KEN LYTLE, Zen Design Consultants
Representing the Applicant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
2
1 NINE ROCK CUT ROAD
2 CHAIRMAN EWASUTYN: The following item
3 of business this evening is the conceptual site plan
4 for Nine Rock Cut Road, LLC. It's located in an IB
5 zone. It's on Rock Cut Road and it's being
6 represented by Ken Lytle.
7 Ken, could you turn that easel somewhat
8 now for us?
9 MR. LYTLE: Since the last time we were
10 here we had two separate buildings going back and
11 forth with the consultants at workshops. We've
12 actually come to the determination that a single
13 building would work better and service the site
14 better. We're proposing one two-story building,
15 16,000 square feet. We actually modified the
16 parking lot in order to accommodate the additional
17 parking we need for the additional square footage.
18 We also modified the septic to handle
19 the flow from the additional increase in the size of
20 the building. We had comments regarding the
21 adjoining wells. We actually added those to the
22 map. Also the drainage swale between the properties
23 have been added to the map and depicting off of our
24 property. The drainage system has been proposed to
25 be underneath the parking lot in the southwest
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1 NINE ROCK CUT ROAD
2 corner. Again still staying outside of the wetland
3 buffer.
4 If the board has any comments?
5 CHAIRMAN EWASUTYN: We discussed the
6 project during our work session. It was our
7 understanding that you're looking for conceptual
8 approval so you could move forward with the
9 necessary stormwater management report and go
10 forward with that. Keeping that thought in mind,
11 we'll begin to discuss the conceptual approval
12 process and the consideration of a work session to
13 fine-tune it.
14 Pat, you want to begin just roughly
15 what you'll need eventually?
16 MR. HINES: Obviously the conceptual
17 plan, we'll need a stormwater management report.
18 The septic system as proposed will need approval
19 from the health department due to the design flow.
20 We need to check the filling in the area of the
21 septic system. The DEC buffer line certification, I
22 don't have a copy of that in the file.
23 MR. LYTLE: We'll get it to you.
24 MR. HINES: We have some design
25 details, percolation deep tests need to be shown,
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1 NINE ROCK CUT ROAD
2 drainage structures and inverts. Just noted that
3 the building did not receive a sprinkler variance or
4 septic system for that will be required. Access
5 drive requires an Orange County D.P.W. permit. We
6 need to look -- a culvert will be needed at that
7 access drive. Septic system in expansion areas
8 required 100 percent expansion for commercial use.
9 Dumpster location needs to be shown on the plans,
10 realizing the plans are conceptual at this time and
11 there's some work to be done.
12 CHAIRMAN EWASUTYN: Ed, do you have
13 anything you want to provide some comments now as
14 far as what may need to be improved upon for the
15 conceptual?
16 MR. GARLING: I think what I wanted to
17 go over was more what we discussed at the work
18 session, rather than some of our comments which are
19 just on this plan.
20 I think that there was a decision about
21 the additional landscaping. We had the conversation
22 before about moving the building forward and
23 parallel to the road, which we would really all like
24 to see, but the other issue of enlarging the
25 building, what we were trying to resolve previously
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1 NINE ROCK CUT ROAD
2 was too much of the site was used, so you didn't
3 have enough room for the septic and detention and
4 everything else. Now, because you've got additional
5 square footage, there's more parking. I think we
6 can work something out, perhaps with the zoning, in
7 the parking area's requirements. If you can show us
8 what of that is common area and not really office, I
9 think we could reduce some of that parking. But
10 we're going to have to see some more design to move
11 that building around or do something with it to
12 perhaps put a facade on the road of some sort.
13 CHAIRMAN EWASUTYN: The possibility of
14 the work session was, and Karen will speak about
15 that also in lieu of what Ed is saying, you may be
16 able to reduce the number of parking spaces, in
17 which case, Karen will talk about the additional
18 landscaping, to sort of balance the visual look of
19 the building along Rock Cut Road.
20 Karen?
21 MS. ARENT: One of the things we're
22 trying to do in the town is screen the parking from
23 the road, so by reducing some of the -- reducing the
24 need for some of the parking spaces will help get
25 you some more landscaping area. Also, your aisle
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1 NINE ROCK CUT ROAD
2 widths are much larger than what the town's
3 requirements are. You want to talk specific
4 numbers.
5 MR. LYTLE: 24.
6 MS. ARENT: Well, there's 34 foot
7 aisles and 37 foot aisles in the back. I'm doing
8 this out of memory.
9 MR. LYTLE: 34.
10 MS. ARENT: Sorry. They should be only
11 24 to conform to the town specs. So we pick up ten
12 more feet there so you can do some nice landscaping,
13 if you still want to keep your building to the side,
14 that's one of the things we would like to see is,
15 you know, from the road, screen the parking area.
16 And we have to work on the landscaping, of course.
17 For example, there's one area where you have about,
18 in a 50-foot by three six area you have three
19 perennials and four grasses and you could even put
20 that much in this side of this table right there.
21 So we need to make it a little more.
22 CHAIRMAN EWASUTYN: Turn it over to
23 board members for their comments. Frank?
24 MR. GALLI: You're doing a larger
25 building because of the elevator.
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1 NINE ROCK CUT ROAD
2 CHAIRMAN EWASUTYN: Cliff?
3 MR. BROWNE: From a concept standpoint
4 what you're showing is acceptable, but I would like
5 to maybe change some things around a little bit.
6 From the concept standpoint right now, it's fine.
7 CHAIRMAN EWASUTYN: Ken?
8 MR. MENNERICH: Ken, on sheet one of
9 seven where your location map is, there's no roads
10 labeled on there. I think it would help if there
11 was labels, some of the major roads be labeled near
12 the site. That's all.
13 CHAIRMAN EWASUTYN: Ed?
14 MR. O'DONNELL: I wasn't at that work
15 session. We came in together. This was a project
16 that you were looking for one-story structure --
17 MR. LYTLE: Two one-story structures.
18 MR. O'DONNELL: So you moved that
19 around and now you have one two-story building.
20 MR. LYTLE: That's right.
21 MR. O'DONNELL: What's the square
22 footage compared to this one?
23 MR. LYTLE: Before we were proposing
24 two buildings totalling around 12,000 square feet.
25 Now we have one building totalling 16,000 square
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1 NINE ROCK CUT ROAD
2 feet.
3 MR. O'DONNELL: So if you can make the
4 changes we can reduce the parking side of the
5 island, increase the landscaping, make the place
6 look beautiful, right?
7 MS. ARENT: That's what we're trying.
8 MR. O'DONNELL: Why don't we have this
9 guy and these people sit down and figure out how to
10 do it so we can stop wasting our time and have them
11 do it?
12 MR. PROFACI: That's all.
13 CHAIRMAN EWASUTYN: I'll move for a
14 motion to grant conceptual approval to Nine Rock Cut
15 Road and set this up for the next consultant's
16 meeting.
17 MR. GALLI: So moved.
18 MR. O'DONNELL: Second.
19 CHAIRMAN EWASUTYN: I have a motion by
20 Frank and second by Ed. Any discussion on the
21 motion? I'll ask for roll call vote starting with
22 Frank.
23 MR. GALLI: Aye.
24 MR. BROWNE: Aye.
25 MR. MENNERICH: Aye.
9
1 NINE ROCK CUT ROAD
2 MR. O'DONNELL: Aye.
3 MR. PROFACI: Aye.
4 CHAIRMAN EWASUTYN: Myself, carried.
5 Ed, there's one thing I'm not sure we
6 completed on this. Did we refer this to the Orange
7 County Planning Department? My notes don't have it.
8 MR. HINES: I don't think so.
9 MR. GARLING: I think we didn't do it
10 because --
11 CHAIRMAN EWASUTYN: We're waiting for
12 conceptual.
13 MR. GARLING: Trying to get a
14 conceptual.
15 CHAIRMAN EWASUTYN: Then I move for a
16 motion to refer this to the Orange County Planning
17 Department.
18 MR. GALLI: So moved.
19 MR. MENNERICH: Second.
20 CHAIRMAN EWASUTYN: I have a motion by
21 Frank and a second by Ken. I'll ask for roll call
22 vote starting with Frank.
23 MR. GALLI: Aye.
24 MR. BROWNE: Aye.
25 MR. MENNERICH: Aye.
10
1 NINE ROCK CUT ROAD
2 MR. O'DONNELL: Aye.
3 MR. PROFACI: Aye.
4 CHAIRMAN EWASUTYN: Myself, yes, so
5 carried.
6 What you'll do is submit plans to Norma
7 and Norma will make it a point, or Ed, do you want
8 to send them out or Norma? How do you want to do
9 that? Let's get a standard procedure on this.
10 MR. GARLING: Are we going to start
11 Lead Agency?
12 MR. DONNELLY: We did that.
13 CHAIRMAN EWASUTYN: We did that
14 already.
15 MR. GARLING: If we're going to start
16 Lead Agency --
17 CHAIRMAN EWASUTYN: So twelve two --
18 MR. GARLING: I know, but in sending it
19 out, I would rather do it because then it's a
20 central matter. If we're going to do it now, give
21 it to Norma, she can send a form over.
22 MRS. JACOBSEN: The plans and --
23 CHAIRMAN EWASUTYN: I see what you're
24 saying, if we're doing it combined then you'll take
25 it.
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1 NINE ROCK CUT ROAD
2 MR. GARLING: Yes.
3 MR. LYTLE: Okay. Thanks.
4 CHAIRMAN EWASUTYN: And you'll speak to
5 Ed Garling as to when the next meeting is.
6 MR. LYTLE: Thanks.
7 (Time noted: 7:18 p.m.)
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C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
I, Charlene Koehler, a Certified
Shorthand Reporter and Notary Public do hereby
CERTIFY that I recorded stenographically the
proceedings herein, at the time and place noted
in the heading hereof, and that the foregoing is
an accurate and complete transcript of same, to
the best of my knowledge and belief.
___________________________
Charlene Koehler
Dated: September 26, 2005
TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
-------------------------------------X
In Re:
ARMISTEAD MECHANICAL (2005-8)
Architectural Review, Site Plan
-------------------------------------X
Thursday - 7:19 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD C. BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
KEN WERSTED, Traffic Consultant
JAMES RAAB
Representing the Applicant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
2
1 ARMISTEAD MECHANICAL
2 CHAIRMAN EWASUTYN: The next item of
3 business we have is Armstead Mechanical. It's
4 located in B zone on North Plank Road. It's here
5 this evening for architectural review and site plan
6 review and it's being represented by by Jim Raab.
7 Jim, let's start out with the
8 architectural first.
9 MR. RAAB: Sure.
10 I'm joined tonight by Bill Pendergast,
11 the architect for the building. He'll do the
12 presentation for the architectural.
13 MR. PENDERGAST: Good evening.
14 Basically, what we have are the two buildings on the
15 site. The new building which is proposed for the
16 front, two-story small curved canopy at the front
17 and the four elevations. Green roof, some green
18 accents, gray concrete block split face, base to set
19 it up off the ground. It will be metal siding, sort
20 of a beigey gray color and the existing building,
21 which we're putting a small extension on, proposing
22 to do that, it's going to match the color of the
23 existing building, so we thought it was good to not
24 match the two buildings, sort of mix the colors up a
25 little bit, compliment the site a little better. We
3
1 ARMISTEAD MECHANICAL
2 have a lot of grass lawn on the main roads; does
3 have loading docks and drive-in, too, on the left
4 side of the building and some back out of the right
5 side of the building. The rear which faces this
6 building will be blank wall because that's mostly
7 warehouse. I brought some samples of the materials
8 so if you'd like to take a look at those I can pass
9 those around as well.
10 CHAIRMAN EWASUTYN: Why don't you pass
11 those around? There was one comment, Jim, that Pat
12 was questioning when he was looking at this. Pat,
13 you want to speak to that?
14 MR. HINES: The right side elevations
15 you have on the top corner there?
16 MR. PENDERGAST: Yes.
17 MR. HINES: That conflicts with the
18 grading plan. You show a stairway and what looks
19 like a retaining wall. The grading on the plan is
20 actually a gentle slope from the front to the
21 rear --
22 MR. PENDERGAST: We'll have to adjust
23 that. We did some of the elevations before we had
24 the final grading plan. We know we may need an exit
25 out back. We can adjust the exterior stair, come
4
1 ARMISTEAD MECHANICAL
2 down a little further if the grading changes.
3 MR. HINES: Are you changing the
4 grading or the building design is the question?
5 MR. PENDERGAST: Well, we would just
6 adjust, if the grade is more of a gentle slope, at
7 one time I think we had thought about putting in a
8 retaining wall. I think Jim worked out the grade to
9 be a more gradual slope. So, if anything, we'll
10 have to take a very longer stair coming out.
11 Essentially, it will be the same look, just a longer
12 run.
13 CHAIRMAN EWASUTYN: Can I make a
14 suggestion? Can you put up the side plan and have
15 Pat come forward so we have a clear understanding of
16 what we're discussing?
17 MR. RAAB: Could you bring over the
18 set? I don't have a grading plan with me.
19 CHAIRMAN EWASUTYN: You want to come
20 back next month?
21 MR. RAAB: No.
22 MR. HINES: The concern was, I had the
23 plan out, when we were doing the architectural. The
24 grading here is smooth transition, goes up six feet
25 to the rear. I think you're showing here a
5
1 ARMISTEAD MECHANICAL
2 retaining wall and a grade back. This here.
3 MR. RAAB: Right.
4 MR. HINES: You're going to revise your
5 architecture.
6 MR. PENDERGAST: It will essentially be
7 the same. It just won't be retaining wall.
8 MR. RAAB: It will come down, slope
9 down like this and the stairway back like that.
10 MR. PENDERGAST: Because the grade
11 actually, the finished floor is at 431, the finished
12 floor, second floor, well, that's the intermittent
13 floor, that's the warehouse floor. This would be
14 442. Grades at 432 so the stair would run down
15 about ten feet. What we were also contemplating
16 doing when this was done after the grading changed
17 in here was to move this door over into the
18 warehouse area, at the stair interior and come out
19 to grade the rest. The thing that might get
20 eliminated, either the stair is going to be a little
21 longer or just take the stair off. I don't think
22 you really see it from the tree line that's here, I
23 don't think it affects the architecture.
24 MR. HINES: I want to make sure we
25 didn't have a retaining wall where it shouldn't be.
6
1 ARMISTEAD MECHANICAL
2 MR. RAAB: When we submit the final
3 plan we'll submit the corrected elevations with it.
4 MR. PENDERGAST: Sure, no problem.
5 MR. GARLING: There's no stairs on the
6 plans.
7 MR. HINES: Right. That's what caught
8 my attention initially. Then they said there's no
9 wall.
10 MR. RAAB: We'll put the stairs
11 wherever they put the stairs.
12 CHAIRMAN EWASUTYN: Do you have an
13 understanding in the final resolution what you might
14 be making an approval on?
15 MR. DONNELLY: I think it will have to
16 be a sign-off from Pat. The architecturals and site
17 plan have to be coordinated.
18 MR. RAAB: Not a problem.
19 CHAIRMAN EWASUTYN: Karen, you reviewed
20 the architectural renderings. You want to come
21 forward? I think your conclusion was you were
22 recommending to the board that you could move
23 forward with ARB approval, and we discussed the
24 issue of the canopy and that will be modified.
25 MS. ARENT: One inconsistency I found
7
1 ARMISTEAD MECHANICAL
2 on the site plan versus the architecturals was that
3 this canopy extends out seven and-a-half feet
4 instead of four and-a-half feet where the parking
5 lot starts. And the architect sent a note saying
6 that he can reduce the amount that this extends out,
7 I'm sorry, it's here, the amount that it extends
8 out, only extends out four feet and he feels it's
9 not going to make an appreciative difference in the
10 slope of the canopy. And that, I think that, I
11 don't think it will make that big of a difference.
12 One thing we may want is, I don't have anything with
13 the materials labeled on it at all, just the
14 sketches, that's the only thing we might want to ask
15 for that.
16 MR. PENDERGAST: We can do that. I
17 brought the samples of the materials tonight as
18 examples. We can use that. I did bring a copy, we
19 revised the canopy. Basically it changes the pitch
20 to a seven on 12 which I think proportionately it
21 might be better in proportions to the building it
22 might be fine.
23 MS. ARENT: I think that this looks
24 like -- this building you hardly see from the road.
25 So I don't think it makes a big difference what
8
1 ARMISTEAD MECHANICAL
2 color it is. It's set way back so you could hardly
3 see it. This way you'll see mostly ...
4 CHAIRMAN EWASUTYN: Taking comments now
5 from the board on the architecture. Frank?
6 MR. GALLI: Karen, you mentioned
7 something in the workshop about a fence.
8 MS. ARENT: Yes, that's site plan.
9 CHAIRMAN EWASUTYN: Any comments on the
10 ARB, Frank?
11 MR. GALLI: No.
12 CHAIRMAN EWASUTYN: Cliff?
13 MR. BROWNE: No.
14 CHAIRMAN EWASUTYN: Ken?
15 MR. MENNERICH: There was two colored
16 split blocks. I guess I missed. Where would the
17 two different colors be used?
18 MR. PENDERGAST: There's only one to --
19 you mean these. What happens, the shade varies so I
20 brought them both. When you get the block, it
21 varies a little bit. It's just the beige. Base and
22 it will have a color range. Mixture of color it may
23 have. It usually has a range that they ship them in
24 and you get a little blend of color.
25 MR. MENNERICH: Someplace between those
9
1 ARMISTEAD MECHANICAL
2 two.
3 CHAIRMAN EWASUTYN: Ed?
4 MR. O'DONNELL: This front of the
5 building faces what, 300?
6 MS. ARENT: 32.
7 MR. GALLI: 32.
8 MR. PENDERGAST: The front elevation.
9 MS. ARENT: And this is the front
10 elevation.
11 MR. PENDERGAST: Correct.
12 MR. O'DONNELL: Wasn't there a new cut
13 that's made there? And there's a stone wall that
14 this building does not face that?
15 MS. ARENT: There's the stone wall, the
16 block and the stone wall is right here on this
17 building. Do you want the site plan?
18 Here's the stone wall and this building
19 right here is this building here and then this
20 building is this one.
21 MR. O'DONNELL: Okay.
22 MS. ARENT: The one thing we might want
23 to think about is just making this canopy that,
24 unless it's already there.
25 MR. PENDERGAST: It's already there.
10
1 ARMISTEAD MECHANICAL
2 It's actually dirt colors.
3 MS. ARENT: Okay.
4 MR. O'DONNELL: Okay. I like it.
5 CHAIRMAN EWASUTYN: Joe?
6 MR. PROFACI: Just to verify, the roof
7 is a standing seam metal roof.
8 MR. PENDERGAST: Yes, standing seam,
9 not just corrugated metal roof. And as Karen said,
10 we'll label the materials as standing seam metal,
11 split face block. It will be a ribbed metal siding,
12 not completely smooth. We'll label all those
13 materials and give you color designations.
14 CHAIRMAN EWASUTYN: Karen, what will
15 you require, then, just to complete this?
16 MS. ARENT: The revised architectural
17 drawing showing the slope here and the smaller
18 canopy and all materials labeled on the drawing.
19 CHAIRMAN EWASUTYN: Having heard from
20 Karen on the conditions of architectural approval --
21 MR. PENDERGAST: No problem.
22 CHAIRMAN EWASUTYN: -- I move for a
23 motion.
24 MR. GALLI: I'll make the motion.
25 MR. PROFACI: Second.
11
1 ARMISTEAD MECHANICAL
2 CHAIRMAN EWASUTYN: I have a motion by
3 Frank and second by Joe. Any discussion on the
4 motion? I'll ask for roll call vote starting with
5 Frank.
6 MR. GALLI: Aye.
7 MR. BROWNE: Aye.
8 MR. MENNERICH: Aye.
9 MR. O'DONNELL: Aye.
10 MR. PROFACI: Aye.
11 CHAIRMAN EWASUTYN: Myself, so carried.
12 Jim, now if we could move for final
13 site plan approval and go through what's outstanding
14 with that.
15 MR. RAAB: Right.
16 CHAIRMAN EWASUTYN: Pat Hines, we'll
17 start with you.
18 MR. HINES: A couple of cleanup
19 comments. We need a detail of the graft parking
20 lot, how it's going to be constructed, to be a
21 dustless surface. Also I noted to the planning
22 board at work session the list of outdoor storage
23 materials and their review of the screening. I
24 guess we generally felt it was going to be
25 adequately screened. The 15 HTB pipe needs to be
12
1 ARMISTEAD MECHANICAL
2 labeled as watertight. Just to flow, the resolution
3 should identify the maximum number of employees
4 which the septic designs were based on.
5 MR. RAAB: Not a problem. In fact,
6 most of them are already done. If not all of them.
7 Took care of everything else.
8 CHAIRMAN EWASUTYN: Is the board
9 satisfied? Any concerns about the storage area?
10 That was the only thing you wanted the board's final
11 opinion on?
12 MR. HINES: Yes, it's been an issue on
13 other site plans.
14 MS. ARENT: The storage area sits ten
15 feet down and the proposed evergreens are seven to
16 eight feet in height. That gives us about 18 feet
17 of storage. Your storage, is it greater than 18
18 feet? I don't think we need to, it's only four to
19 five feet in height.
20 MR. RAAB: We'll put a note on the plan
21 that nothing will be any higher than whatever Karen
22 says, won't be any higher than 18 feet -- 16.
23 CHAIRMAN EWASUTYN: I think I specified
24 in here --
25 MS. ARENT: Yes, please don't do that.
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1 ARMISTEAD MECHANICAL
2 MR. HINES: There's a height list on
3 there already.
4 MR. RAAB: You're scaring me.
5 CHAIRMAN EWASUTYN: It's your notes.
6 MR. RAAB: I know. I thought I took
7 care of it.
8 CHAIRMAN EWASUTYN: Ed, outstanding
9 comments?
10 MR. COCKS: No.
11 CHAIRMAN EWASUTYN: You don't have any.
12 Final questions or comments from board
13 members. Frank?
14 MR. GALLI: Just about the gate.
15 MS. ARENT: You want to discuss the
16 gate.
17 CHAIRMAN EWASUTYN: It's a reasonable
18 point. Just a few questions.
19 MR. GALLI: Is it an electronic gate?
20 MR. RAAB: Yes. Almost brand new.
21 MR. GALLI: We're curious which way
22 it's going to slide and where you're going to
23 position it. How it's going to look. Be hidden
24 when it's open or closed.
25 MS. ARENT: I went out there and
14
1 ARMISTEAD MECHANICAL
2 measured. It's 37 feet long so if you know how it's
3 working and where it's going.
4 MR. RAAB: I believe this is where it's
5 supposed to be relocated. It shows it right here on
6 the plan.
7 MS. ARENT: Here it is.
8 MR. RAAB: Yes, it's moving up, I'm
9 sorry. Up in here, right. I think most of this
10 will be behind this shrubbery here. If you want us
11 to beef up the landscaping to cover that end.
12 MS. ARENT: When I measured the gate,
13 37 feet, it moves like this and that would put it
14 over here.
15 MR. RAAB: It would have to be redone
16 to move in the other direction.
17 MS. ARENT: What about the curb? How
18 will it go over the curb? There are some details
19 that have to be massaged.
20 MR. RAAB: I think we can work it out.
21 We'll have to do something with the curb, maybe put
22 a drop curb in right where the gate goes. That will
23 work.
24 MS. ARENT: If you're going to put it
25 over here, just put landscaping in front of it.
15
1 ARMISTEAD MECHANICAL
2 CHAIRMAN EWASUTYN: Karen suggests,
3 maybe rather than invests in landscaping you want to
4 take some of the spirea in front of the walls.
5 MS. ARENT: He did that already.
6 MR. GALLI: If it goes the other way
7 you'll be all set.
8 MR. RAAB: If it sits, but Karen seems
9 to think it's too long. We'll either do one or two
10 things. Move the parking, got to move it anyway, if
11 we're moving it we might as well turn it around and
12 put it the other way.
13 MS. ARENT: Will you see all of that
14 operating stuff if you do that from the front, from
15 the road? All the structure?
16 MR. RAAB: No, we'll have landscaping.
17 MS. ARENT: But you will be closed.
18 The good side, the chain link side without all the
19 structure, if that faces the road like it does right
20 now --
21 MR. RAAB: No, I think they can rework
22 it so the fence is facing in the same direction.
23 Just go in the opposite direction.
24 MS. ARENT: Good, that would be what we
25 would want.
16
1 ARMISTEAD MECHANICAL
2 CHAIRMAN EWASUTYN: What other items do
3 we have outstanding, planning or engineering on this
4 that need to be addressed?
5 MR. HINES: Nothing.
6 CHAIRMAN EWASUTYN: Mike, do you want
7 to present to the board conditions of approval for
8 the resolution.
9 MR. DONNELLY: When we had originally
10 talked, because this is two parcels, we wanted you
11 to mortgage them but you explained for financing
12 purposes that couldn't be done. To solve that
13 problem we agreed a condition like the following
14 would be included in a resolution. This site plan
15 approval is for the entire site comprised of two
16 parcels and it must operate as a single site absent
17 amended approval for the planning board.
18 Next condition relates to the maximum
19 number of employees to 39, given a design of the
20 subsurface sanitary sewer disposal system. I'll
21 need to review access easements regarding the shared
22 access across the two lots. Approval should be
23 conditioned upon a sign-off by Karen for the items
24 in her memo of September 5th and that the fence gate
25 has been properly located and screened. We needed a
17
1 ARMISTEAD MECHANICAL
2 sign-off from Pat from his memo of September 7th and
3 that the proposed surface of the storage area shown
4 on the plan has been found satisfactory, and that
5 the site plan architectural renderings have been
6 revised and corrected inconsistencies. This is
7 conditioned upon a DOT driveway utilization
8 approval, compliance with --
9 MR. RAAB: It's already been done, it's
10 already done.
11 MR. DONNELLY: -- DOT. Get a condition
12 of the letter satisfying --
13 MR. RAAB: The driveway is in.
14 MR. DONNELLY: But you have an
15 increased use. Sometimes they want to write a
16 letter, make sure it's okay.
17 MR. RAAB: The new driveway is already
18 in.
19 MR. DONNELLY: Okay. So it's all
20 approved. Give us the paperwork. That's fine.
21 Compliance with ARB, landscape bond, I believe the
22 amount was $28,394 from Karen's report.
23 CHAIRMAN EWASUTYN: 27,904.
24 MS. ARENT: 28,394.
25 MRS. JACOBSEN: 28,394. $28,394.
18
1 ARMISTEAD MECHANICAL
2 CHAIRMAN EWASUTYN: Having heard the
3 conditions of approval.
4 MR. HINES: Soil erosion control
5 requirements also.
6 MR. DONNELLY: Is that in your memo?
7 MR. HINES: No.
8 MR. DONNELLY: I'll add it.
9 MS. ARENT: And also the landscape
10 inspection fee.
11 MR. DONNELLY: That's built into the
12 resolution.
13 CHAIRMAN EWASUTYN: Having heard the
14 conditions of approval for Armistead Mechanical site
15 plan I move for a motion from the board to approve
16 that.
17 MR. GALLI: So moved.
18 MR. MENNERICH: Second.
19 CHAIRMAN EWASUTYN: I have a motion by
20 Frank. I have a second by Ken. Any discussion on
21 the motion? I'll ask for roll call vote starting
22 with Frank.
23 MR. GALLI: Aye.
24 MR. BROWNE: Aye.
25 MR. MENNERICH: Aye.
19
1 ARMISTEAD MECHANICAL
2 MR. O'DONNELL: Aye.
3 MR. PROFACI: Aye.
4 CHAIRMAN EWASUTYN: Myself, yes, so
5 carried.
6 MR. RAAB: Thank you.
7 CHAIRMAN EWASUTYN: Jim, thanks for
8 your cooperation with the stone wall and changes.
9 MR. RAAB: No problem.
10 (Time noted: 7:37 p.m.)
11 * * * * * * *
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C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
I, Charlene Koehler, a Certified
Shorthand Reporter and Notary Public do hereby
CERTIFY that I recorded stenographically the
proceedings herein, at the time and place noted
in the heading hereof, and that the foregoing is
an accurate and complete transcript of same, to
the best of my knowledge and belief.
___________________________
Charlene Koehler
Dated: September 27, 2005
TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
----------------------------------------------X
In Re:
LANDS OF JOHN & PATRICIA ALLESSANDRO (2005-31)
2 Lot Subdivision, Conceptual Site Plan
----------------------------------------------X
Thursday - 7:38 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD C. BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
KEN WERSTED, Traffic Consultant
JAMES RAAB
Representing the Applicant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
2
1 LANDS OF ALLESSANDRO
2 CHAIRMAN EWASUTYN: The next item of
3 business this evening is the Lands of Allessandro.
4 It's a two lot subdivision, conceptual site plan for
5 duplex located on Rosalyn Lane in an R-1 zone. It's
6 being represented again by Jim Raab.
7 MR. RAAB: Basically the only thing we
8 needed to do was do some minor adjustments to the
9 grading and the entryways and add the data for the
10 septic design in the back. That's all been done and
11 I believe your consultants are satisfied.
12 CHAIRMAN EWASUTYN: Jim, we discussed
13 this at the work session and everything you had just
14 mentioned is accurate. Any additional comments from
15 the board members?
16 MR. GALLI: On the drawing of the
17 houses, are they attached together? What's this in
18 green?
19 MR. RAAB: It's going to be the
20 doorway, I believe.
21 MR. GALLI: There's a doorway to the
22 right and one to the left and then there's like a
23 doorway in the middle.
24 MR. RAAB: The doorway in the middle is
25 a common area. It's going to be lived in right now
3
1 LANDS OF ALLESSANDRO
2 by his son and his daughter. That's why that
3 doorway is there. It's a common area doorway.
4 MR. GALLI: Okay. I was curious.
5 MR. RAAB: Both of them are attached.
6 MR. GALLI: Okay.
7 CHAIRMAN EWASUTYN: Cliff, any comment?
8 MR. BROWNE: No.
9 CHAIRMAN EWASUTYN: Ken?
10 MR. MENNERICH: No.
11 CHAIRMAN EWASUTYN: Ed?
12 MR. O'DONNELL: Nothing.
13 CHAIRMAN EWASUTYN: Joe?
14 MR. PROFACI: No.
15 CHAIRMAN EWASUTYN: I move for a motion
16 from the board to declare a Negative Declaration for
17 the two lot subdivision and conceptual site plan and
18 set it up for the next available date for public
19 hearing.
20 MR. GALLI: So moved.
21 MR. PROFACI: Second.
22 CHAIRMAN EWASUTYN: I have a motion by
23 Frank and second by Joe. Any discussion on the
24 motion? I'll ask for roll call vote starting with
25 Frank.
4
1 LANDS OF ALLESSANDRO
2 MR. GALLI: Aye.
3 MR. BROWNE: Aye.
4 MR. MENNERICH: Aye.
5 CHAIRMAN EWASUTYN: Myself, yes, so
6 carried.
7 Jim, I don't know when but when you
8 have the time would you call Norma to arrange for
9 whatever the mailings list might be on this?
10 MR. RAAB: Sure.
11 (Time noted: 7:40 p.m.)
12 * * * * * * *
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C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
I, Charlene Koehler, a Certified
Shorthand Reporter and Notary Public do hereby
CERTIFY that I recorded stenographically the
proceedings herein, at the time and place noted
in the heading hereof, and that the foregoing is
an accurate and complete transcript of same, to
the best of my knowledge and belief.
___________________________
Charlene Koehler
Dated: September 27, 2005
TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
-------------------------------------X
In Re:
ROUTE 300 REALTY (2004-68)
Site Plan
-------------------------------------X
Thursday - 7:41 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD C. BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
KEN WERSTED, Traffic Consultant
ANDREW FETHERSTON, Maser Consulting
Representing the Applicant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
2
1 ROUTE 300 REALTY
2 CHAIRMAN EWASUTYN: The following item
3 of business we have is Route 300 Realty. It's a
4 site plan located on Route 300 and Old South Plank
5 Road. It's in a B zone and it's being represented
6 by Maser Consulting.
7 MR. FETHERSTON: Fetherson,
8 F-E-T-H-E-R-S-T-O-N, Andrew.
9 Members of the board, my name is Andrew
10 Fetherston, I work for Maser Consulting. We
11 submitted a set of engineering plans advancing the
12 schedule of plan that was presented to you
13 previously.
14 The site plan is for a two acre site on
15 Route 300 and Old South Plank Road. We're proposing
16 a 15,000 square foot office building. The 15,000
17 square foot is the total square footage occupied by
18 two stories, 7500 square foot per story. We're
19 proposing full access and egress from Old South
20 Plank Road with a restricted egress access from
21 Route 300, a right turn in and a right turn out to
22 avoid left turns out of that entrance.
23 Proposing 75 parking stalls for
24 handicapped spaces. The site is to be served by
25 town water, and what we're proposing is we
3
1 ROUTE 300 REALTY
2 originally showed a temporary septic system to carry
3 us over to the time that the sewer moratorium has
4 been lifted. It's now our decision to remove that
5 septic system and to proceed ahead, believing that
6 the timing will be such that when we seek a C.O. for
7 the building, the moratorium will be lifted. We
8 have --
9 CHAIRMAN EWASUTYN: Let me stop you on
10 that. We can't, my understanding is and I'll have
11 counsel refer, we can't grant any approvals --
12 MR. FETHERSTON: Final --
13 CHAIRMAN EWASUTYN: So you couldn't
14 even construct to get a C of O.
15 MR. DONNELLY: Our moratorium local law
16 wouldn't allow this board to grant the approval.
17 You'd need to actually have the moratorium lifted as
18 to your project, then you can get an approval. And
19 I think that's why --
20 MR. FETHERSTON: Okay. Final approval
21 from the planning board.
22 MR. DONNELLY: Right.
23 MR. FETHERSTON: We can still do the
24 public hearing. Perhaps when we come back we're
25 showing the septic.
4
1 ROUTE 300 REALTY
2 MR. DONNELLY: Yes, the public hearing
3 could be scheduled and held but no action could be
4 taken.
5 MR. FETHERSTON: Okay. I
6 misunderstand.
7 CHAIRMAN EWASUTYN: Are you going to
8 show it now with a septic. Is that what you're
9 saying?
10 MR. FETHERSTON: The present plans you
11 reviewed do not have that.
12 CHAIRMAN EWASUTYN: Right.
13 MR. FETHERSTON: And the --
14 CHAIRMAN EWASUTYN: And the plans
15 before did that have --
16 MR. FETHERSTON: The plans did
17 previously have an area designated for septic but we
18 didn't advance them.
19 MR. HINES: I have a comment 13.
20 Status approval. If in fact you're going to seek a
21 waiver from the moratorium and provide a temporary
22 septic system, that needs to go to the town board
23 for that approval.
24 MR. FETHERSTON: Okay. Okay. I had a
25 misunderstanding. I leave it to your board.
5
1 ROUTE 300 REALTY
2 CHAIRMAN EWASUTYN: Okay. We'll start
3 with Ken Wersted. Ken, you reviewed, traffic wise?
4 MR. WERSTED: I reviewed the latest
5 traffic impact study dated August 8th, 2005. That
6 study addressed our comments of January 28th, 2005.
7 However, there is an exception with table one
8 regarding the Level of Service. That table didn't
9 appear to reflect accurately the Level of Service
10 reports included in the appendix. However, order of
11 magnitude are correct. I would request the
12 applicant update that table and provide those tables
13 to the board.
14 MR. FETHERSTON: We have no problem.
15 CHAIRMAN EWASUTYN: Pat, you had a list
16 of comments I think we should put on the table to
17 address now.
18 MR. HINES: No. There's no survey of
19 record identified on the plan.
20 MR. FETHERSTON: Actually, what we did
21 was, we surveyed all of the buildings surrounding.
22 However, there was a comment during sketch I believe
23 by Mr. Garling regarding locating the historic
24 building across the street. We did that from G.I.S.
25 We did that from aerial mapping, to not send the
6
1 ROUTE 300 REALTY
2 surveyors out a second time. If required we are to
3 locate it we would do that.
4 MR. HINES: Note ten.
5 MR. FETHERSTON: We'll clarify --
6 MR. HINES: It should reference a
7 survey, the plan, there's no reference to any survey
8 on the plan at all. If you could do that.
9 MR. FETHERSTON: Okay.
10 MR. HINES: Grading in the vicinity of
11 Old South Plank Road, the entrance drive, take a
12 look at that.
13 MR. FETHERSTON: I saw what you had
14 mentioned.
15 MR. HINES: Also at the end other end
16 of your access drive and I referred to Karen,
17 there's two trees proposed to be saved, but that 198
18 contour looked like you're going to be grading.
19 MR. FETHERSTON: I think you're
20 speaking right here. I saw those. They could be
21 saved. You had a subsequent comment regarding the
22 grading in that area and I looked at it this
23 morning. They're saveable.
24 MR. HINES: Drainage across both access
25 drives.
7
1 ROUTE 300 REALTY
2 MR. FETHERSTON: Right now there is a
3 ditch. There is some piped drainage in the
4 vicinity. However, there's a water line right in
5 that shoulder and also a water line in the shoulder
6 where -- right where our swale is. If we propose
7 hard piping we'll have some difficulties with the
8 required ten foot separation between water and storm
9 sewer. We were going to leave it as a ditch. We
10 were going to leave it as a paved swale and let the
11 water pass by --
12 MR. HINES: You need to look at how
13 much water is coming. Water coming down that hill.
14 You may have icing conditions that may be a concern.
15 MR. FETHERSTON: It's on a good slope
16 right there, but like I said, there's some piping in
17 the neighborhood. If we're required to do storm
18 sewage, I'll have to work it out with you and
19 getting around the water mains there that --
20 MR. HINES: Size of the water mains and
21 details need to be done. They're not sized yet. I
22 had a comment, the underdrain, you have quite an
23 extensive underdrain system.
24 MR. FETHERSTON: I saw exactly what
25 your were speaking about. I actually had it hooked
8
1 ROUTE 300 REALTY
2 up so that it would feed the detention. That's not
3 what we want to do. We want to use that for the
4 surface water. I saw exactly your comment and I
5 marked up a plan today that we can bring that
6 directly to the outfall as I think your comment --
7 MR. HINES: Is there high ground water
8 there?
9 MR. FETHERSTON: We did hit groundwater
10 at depth on the, let me see, I don't have it on
11 the -- I don't have groundwater to the 84 inches
12 that we went down. That leads into another comment
13 of yours. We're anticipating that there will be
14 water. There's some significant cuts on this side.
15 I want to make sure the pavement --
16 MR. HINES: We had a comment on the
17 erosion control. The water quality controls won't
18 be in effect until after construction so we need
19 more detail on the erosion control for the
20 construction phase, some sediment traps.
21 MR. FETHERSTON: We did a couple of
22 sediment traps. We can supplement that.
23 MR. HINES: I didn't see those.
24 MR. FETHERSTON: Yes, I have an erosion
25 control plan in the set but we can add supplementary
9
1 ROUTE 300 REALTY
2 devices.
3 MR. HINES: There's other technical
4 comments on the drainage. You have those?
5 MR. FETHERSTON: Yes.
6 MR. HINES: Status of sewer moratorium
7 we discussed. Striping details need to be on the
8 plan. Dumpster enclosure. I referred to Karen,
9 trees to be saved on the grading. You have a detail
10 for the steep slopes as you just mentioned the
11 grading. Those need to be shown on the landscaping
12 plans, too.
13 MR. FETHERSTON: No problem.
14 MR. HINES: That's all we have.
15 MR. FETHERSTON: Okay.
16 CHAIRMAN EWASUTYN: Comments from the
17 board members as to what was just discussed? Frank?
18 MR. GALLI: Not at this time.
19 CHAIRMAN EWASUTYN: Cliff?
20 MR. BROWNE: Nothing more.
21 CHAIRMAN MENNERICH: Ken?
22 MR. MENNERICH: No.
23 CHAIRMAN EWASUTYN: Ed?
24 MR. O'DONNELL: No.
25 CHAIRMAN EWASUTYN: Joe?
10
1 ROUTE 300 REALTY
2 MR. PROFACI: No.
3 CHAIRMAN EWASUTYN: Pat, you made a
4 discussion that the grading plan could tie into the
5 landscape plan.
6 MR. HINES: That's what I just
7 discussed. Steep slopes discussed. Should be --
8 we have that detailed on the detailed sheet. It
9 called out on the erosion control. We could refer
10 to it on the landscaping plan. Not a problem.
11 CHAIRMAN EWASUTYN: Since you're
12 talking about the landscape plan, Karen, you want to
13 begin discussing?
14 MS. ARENT: During work session we
15 looked at some trees, existing trees along the
16 southern property line. These could help mitigate
17 some of the visual impacts from Route 52. Is it
18 possible to save some of these trees? It looks to
19 me like it's possible to put them all along.
20 CHAIRMAN EWASUTYN: We'd like to see
21 you save the ones that are identified as 12 inch, 18
22 inch, 12 inch and 18 inch, realizing that this
23 building will have a strong facade, new in its
24 location, they would offset the six or eight foot
25 surface barriers, talking about planting, to keep
11
1 ROUTE 300 REALTY
2 the existing maple trees which are approximately 25
3 to 30 feet. So what we're asking you to do is
4 address your plan to save those trees.
5 MR. FETHERSTON: Sure.
6 MS. ARENT: I would, if there's a space
7 allowed, instead of or maybe in addition, also plant
8 a few trees that grow large as maples just in case
9 any of these die, it would be nice to have a taller
10 tree grow in that area.
11 MR. FETHERSTON: I think what I'm going
12 to propose, I'll call Pat and see if we could
13 arrange something so I can run the technical
14 comments by you, what we're planning, before I come
15 to the board once again, and also the landscape
16 architect comments, we have a landscape architect on
17 save staff who would be much more capable than
18 myself, perhaps we can set up a meeting and address
19 the comments.
20 MS. ARENT: Another comment, you have
21 the stone wall on the front of the side and then a U
22 planting which is lower. From Route 300 you're
23 basically looking down into the site. I'm afraid
24 that U planting is going to get damaged from
25 snowplowing. So we're going to need to figure out a
12
1 ROUTE 300 REALTY
2 way to screen that parking from Route 300 and more
3 importantly, I had a memorandum from Historic Parks
4 and Recreation and they suggested landscaping to
5 help screen your site from that historic house.
6 MR. FETHERSTON: That's not a problem.
7 MS. ARENT: I want to make sure there's
8 adequate screening with the grades the way they are.
9 MR. FETHERSTON: I'll have our
10 landscape architect contact you and arrange a
11 meeting to address all the comments and concerns.
12 MS. ARENT: All right. Let's see, I
13 think, there's a couple of trees. Oh, sidewalks. I
14 measured them, they're four feet. We generally, the
15 ones -- not one in front of the building, the ones
16 connected, we generally ask for five foot wide
17 sidewalks.
18 MR. FETHERSTON: Okay. No problem.
19 MS. ARENT: Then the stockade fence
20 shown the screening of the dumpster, that in my
21 opinion, changed, stockade fence and pretty on-site.
22 A lot of times people use the same material they're
23 building the building out of, the concrete block and
24 they build the dumpster and do a nice gate, so it
25 would be nice if you could do something like that.
13
1 ROUTE 300 REALTY
2 MR. FETHERSTON: Okay.
3 MS. ARENT: Some of your trees and
4 light poles conflict. You have to overlay the
5 lighting plan on the tree plan to make you pretty
6 much close to what the numbers you're supposed to
7 have, just move them to another location.
8 MR. FETHERSTON: Okay.
9 MS. ARENT: Then aside from the visual
10 notes and tree comments, that's it.
11 CHAIRMAN EWASUTYN: Any comments from
12 the board members on the proposed landscape design
13 for the project?
14 MR. GALLI: None.
15 MR. BROWNE: No, nothing.
16 MR. MENNERICH: No.
17 MR. O'DONNELL: No.
18 MR. PROFACI: No.
19 CHAIRMAN EWASUTYN: Okay. Outstanding
20 planning items, Ed? Bryant?
21 MR. COCKS: We actually have a couple.
22 The easements are going to be shown. Also on South
23 Plank Road, that line that looks like it's the
24 border of the road, it's a water line. You have to
25 put where the curbs are. Also, one of the first
14
1 ROUTE 300 REALTY
2 plans, the existing conditions plan shows it more
3 clearly but then the lines fades out. What I could
4 do is send you something that highlights that. It's
5 all on there but let's bump it up.
6 Just the entranceways, they need to
7 be -- the one on Old South Plank needs to meet up
8 with the curb.
9 MR. FETHERSTON: We're meeting the edge
10 of pavement. The edge of pavement is irregular
11 because it flares out for the car wash associated
12 vacuuming area. So we kind of took that line of
13 asphalt and continued it, where on the other side
14 the road is the width but there's really no defined
15 edge of pavement. The road continues into that
16 asphalt area for the vacuuming. That's why we
17 didn't flare that side. It's an existing condition.
18
19 That's it for us.
20 CHAIRMAN EWASUTYN: Comments on the
21 planning issues? Frank.
22 MR. GALLI: None.
23 CHAIRMAN EWASUTYN: Cliff?
24 MR. BROWNE: The last comment, was that
25 acceptable?
15
1 ROUTE 300 REALTY
2 MR. COCKS: Yes.
3 MR. BROWNE: Okay.
4 CHAIRMAN EWASUTYN: Ken?
5 MR. MENNERICH: No questions.
6 CHAIRMAN EWASUTYN: Ed?
7 MR. O'DONNELL: No.
8 CHAIRMAN EWASUTYN: Joe?
9 MR. PROFACI: No.
10 CHAIRMAN EWASUTYN: There was
11 conversation by Mr. Fetherston, maybe I'll bring
12 that to the board now and I'll poll the board
13 members. Will the board like to have a public
14 hearing on this? I'll start with Frank.
15 MR. GALLI: Yes.
16 MR. BROWNE: Yes.
17 CHAIRMAN EWASUTYN: Ken?
18 MR. MENNERICH: Yes.
19 MR. O'DONNELL: Likewise, yes.
20 CHAIRMAN EWASUTYN: Joe?
21 MR. PROFACI: No.
22 CHAIRMAN EWASUTYN: Then I'll say yes.
23 Okay, we'll have to determine that. But in the
24 meantime, are the plans ready? Mike, what happens?
25 Let's go through this procedurally. They'll be
16
1 ROUTE 300 REALTY
2 presenting revised plans that shows septic. We can
3 move forward eventually after we get the revised
4 plans to Neg Dec the project.
5 MR. DONNELLY: Certainly we can. I
6 believe if Pat tells you that the issue is not
7 whether a septic plan can be created on this site,
8 but simply the design of one, then I think that
9 shifts from being a true environmental issue to just
10 a ministerial technical issue. If Pat is convinced,
11 I think there was a septic design, I think to some
12 minimal extent prepared --
13 MR. HINES: There was an area shown.
14 MR. FETHERSTON: What we did, we had an
15 area, I think Karen will comment or the consultants
16 had comments that led us down the path towards a
17 septic underneath the pavement, that's what I
18 remember. So we started investigating that and with
19 discussions with the client we decided to -- we were
20 under the impression that we could wait for the
21 sewer.
22 MR. DONNELLY: If there's a fear of a
23 higher water table issue you should probably wait to
24 issue your Negative Declaration.
25 MR. FETHERSTON: We have deep test
17
1 ROUTE 300 REALTY
2 holes that were done on-site that showed no
3 groundwater, which will be acceptable to Orange
4 County Health Department.
5 MR. HINES: But not necessarily in the
6 area.
7 MR. FETHERSTON: Not right in that
8 area.
9 MR. HINES: I think we need to take a
10 look at the grading in that area and see what level
11 you have in that septic system area. You are
12 cutting that down I believe --
13 MR. FETHERSTON: Yes.
14 CHAIRMAN EWASUTYN: I think the
15 direction I'm looking for recommendation for the
16 planning board is, would it make sense to grant a
17 Negative Declaration tonight? Would it also make
18 sense to set this up for the next work session with
19 the understanding that our consultants will advise
20 the planning board after the revised plan and
21 resubmitting that we can move forward to scheduling
22 it for public hearing? I'm looking for some
23 recommendations.
24 MR. HINES: I think we can do that.
25 Knowing, we do have some deep tests on the site. It
18
1 ROUTE 300 REALTY
2 may change the design size of the system if they're,
3 the perks and deeps change in that area but I feel
4 comfortable with a Negative Dec. Traffic was
5 probably the biggest issue on the site and the
6 internal circulation flow. Technical details I
7 believe we can work out.
8 CHAIRMAN EWASUTYN: Ken Wersted, would
9 you advise the board accordingly?
10 MR. WERSTED: We resolved most traffic
11 issues in the last go round with the site plan and
12 getting it to this point.
13 CHAIRMAN EWASUTYN: Ed, your comments
14 on this?
15 MR. GARLING: I feel uncomfortable with
16 a Negative Declaration until Pat is totally
17 satisfied with the drainage and the sewer. Now, the
18 applicant says they're going to put a septic system
19 back on the plan. Is that going to be permanent on
20 that or temporary?
21 MR. FETHERSTON: It's going to be
22 temporary pending the sewer becoming available.
23 MR. GARLING: So this is in a sewer
24 district if they want to go in the sewers?
25 MR. HINES: Yes.
19
1 ROUTE 300 REALTY
2 MR. GARLING: My feeling is if there's
3 any questions, I think we could resolve this at a
4 work session, and then if we at the work session
5 feel the Negative Declaration could be issued,
6 prepare a draft Neg Dec, submit it to the board, and
7 at the following meeting you could adopt it.
8 CHAIRMAN EWASUTYN: Okay. That sounds
9 okay.
10 MR. GARLING: Then I would feel we have
11 a Negative Declaration that's been gone over rather
12 than issuing one now when there's a question, that
13 may all be solvable.
14 CHAIRMAN EWASUTYN: Thank you.
15 MR. GARLING: I would be more
16 comfortable with that.
17 CHAIRMAN EWASUTYN: Would the board be
18 in agreement with that?
19 MR. GALLI: That's fine.
20 MR. BROWNE: Yes.
21 CHAIRMAN EWASUTYN: I move for a motion
22 from the board to set this up for the next available
23 date for consultant's meeting.
24 MR. MENNERICH: So moved.
25 MR. GALLI: Second.
20
1 ROUTE 300 REALTY
2 CHAIRMAN EWASUTYN: I have a motion by
3 Ken. Second by Frank. Any discussion on the
4 motion? I'll ask for roll call start vote starting
5 with Frank.
6 MR. GALLI: Aye.
7 MR. BROWNE: Aye.
8 MR. MENNERICH: Aye.
9 MR. O'DONNELL: Aye.
10 MR. PROFACI: Aye.
11 CHAIRMAN EWASUTYN: Aye. Okay.
12 MR. GARLING: Mr. Chairman, my thought
13 was that the applicant wouldn't necessarily have to
14 come back to the planning board.
15 CHAIRMAN EWASUTYN: Right.
16 MR. GARLING: We could draft the Neg
17 Dec, submit it to the board and the board could do
18 it under board business or however you want to do
19 it.
20 CHAIRMAN EWASUTYN: That was my
21 understanding. Did the board conceive it that way
22 also?
23 MR. GALLI: Yes.
24 MR. MENNERICH: Yes.
25 CHAIRMAN EWASUTYN: Okay. That will be
21
1 ROUTE 300 REALTY
2 a benefit to all parties and we'll save some time.
3 MR. FETHERSTON: Mr. Chairman, one of
4 Mr. Garling's comments was that architectural
5 rendering should be prepared. We did not have them
6 for submittal. We do have them tonight. Is there
7 any interest in receiving them tonight? Submitting
8 them to you tonight?
9 CHAIRMAN EWASUTYN: No. We'll reach a
10 point in time we will want to do the ARB and we'll
11 do it separately and prior to site plan approval.
12 What's really outstanding, Mike, can we grant
13 approval if we have an outstanding issue?
14 MR. DONNELLY: No, you can schedule the
15 public hearing but you cannot issue the approval.
16 MR. FETHERSTON: We'll get moving on
17 the septic.
18 CHAIRMAN EWASUTYN: While you're on the
19 notes. Rumors. Do you hear anything about rumors?
20 There's a mention that a bank won't be going on the
21 site.
22 MR. FETHERSTON: I spoke to a banker
23 yesterday about it.
24 CHAIRMAN EWASUTYN: Okay. That was a
25 rumor.
22
1 ROUTE 300 REALTY
2 MR. FETHERSTON: Spoke to a banker who
3 was positive yesterday.
4 CHAIRMAN EWASUTYN: Okay. Thank you.
5 (Time noted: 8:03 p.m.)
6
7
8 C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
9
10
11 I, Charlene Koehler, a Certified
12 Shorthand Reporter and Notary Public do hereby
13 CERTIFY that I recorded stenographically the
14 proceedings herein, at the time and place noted
15 in the heading hereof, and that the foregoing is
16 an accurate and complete transcript of same, to
17 the best of my knowledge and belief.
18
19
___________________________
20 Charlene Koehler
21
22 Dated: September 28, 2005
23
24
25
TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
------------------------------------------X
In Re:
LANDS OF JOHN & LYNN DELESKY (2005-36)
Conceptual Sketch Plan - 5 Lot Subdivision
------------------------------------------X
Thursday - 8:03 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD C. BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
CHARLES BROWN, P.E.
Representing the Applicant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
1 LANDS OF DELESKY
2 CHAIRMAN EWASUTYN: The next item of
3 business is the Lands of Delesky. It's a conceptual
4 sketch plan for five lot subdivision located on
5 Prospect Hill Road in an AR zone. Charles Brown is
6 representing.
7 MR. BROWN: This is an existing 32
8 acre, roughly, parcel in the AR zone. It has a
9 single-family residence on it right now for my
10 clients, primary residence.
11 (Mr. Wersted leaves the meeting at this
12 time.)
13 MR. BROWN: The proposal is for a five
14 lot subdivision to create four new building lots.
15 Three of the lots range from about an acre, 1.8
16 acres to just under three. The other two lots are
17 over five acres. It will be serviced by individual
18 wells and septic. Access is proposed to be a
19 private road that goes to Prospect Hill. Parcel is
20 surrounded and a lot of the perimeter contains New
21 York State wetland NB 32. That's the reason we've
22 limited it to this number of lots. A good portion
23 of the parcel is not buildable due to that wetland.
24 CHAIRMAN EWASUTYN: Thank you, Charles.
25 Let's start, Ed, you want to present
1 LANDS OF DELESKY
2 your comments, please?
3 MR. GARLING: Sight distances for
4 Prospect Hill Road, as I recall, we went out on this
5 site to look at it. There's virtually no sight
6 distance on a lot of this. So we're going to need
7 to see what can be done to achieve some reasonable
8 sight distance. The DEC permits are going to be
9 necessary for the roadway and buffer land, so what
10 we would normally do, perhaps, is recommend that at
11 some point in time, prior to a public hearing, that
12 you go to the DEC and talk to them about getting the
13 road with a buffer.
14 MR. BROWN: We've already had
15 preliminary discussions with them and they've
16 already signed off on the bounded wetland as is
17 represented on this map. Because the existing
18 driveway is already in that area of the buffer they
19 said it would be approvable. We're prepared to
20 submit to them as soon as we get Lead Agency.
21 MR. GARLING: Okay. Do you have
22 anything from them saying that?
23 MR. BROWN: Again, until the board
24 declares Lead Agency, they really can't.
25 CHAIRMAN EWASUTYN: We could move for
1 LANDS OF DELESKY
2 that motion tonight. This is an unlisted
3 uncoordinated action, correct?
4 MR. DONNELLY: It may well be
5 coordinated if the DEC has to approve it.
6 CHAIRMAN EWASUTYN: So we would have to
7 declare our intent.
8 Ed, continue on.
9 MR. GARLING: We were looking at Lots 4
10 and 5 and the feeling was that the way it's laid
11 out, there was little relationship for the two
12 different lots. Looking at each other the way the
13 driveway goes all around the one house, there's
14 virtually no privacy at all. They have a driveway
15 on one side coming in and a driveway going around
16 the house in the other direction. The easement is
17 actually going across the front yard of the other
18 house.
19 MR. BROWN: That's actually part of the
20 parcel. That's part of the parcel. Lot Number 5.
21 I had that conversation with my clients about a
22 common driveway which we would make that a little
23 better. We had a version with that. Because of the
24 wooded nature of the parcel they were inclined to
25 not do that. I can discuss that with them again.
1 LANDS OF DELESKY
2 Because of the size of the lot, the scale is a
3 little deceiving. We have more than an acre of
4 upland on each lot and more than a half an acre of
5 buildable area on each lot. That exceeds the
6 zoning. Based upon that we were comfortable with
7 this. We can look at the driveway. I understand it
8 does tend to eliminate privacy. We could also, I
9 could also suggest to my client that we leave buffer
10 areas along the setbacks between the two lots and
11 along that driveway because, again, it is very
12 wooded back there.
13 CHAIRMAN EWASUTYN: Okay.
14 MR. GARLING: The driveway on Lot 1,
15 27.2, is -- is it going to be an easement for that
16 driveway? I guess they built on your property.
17 MR. BROWN: I guess Pat had a comment
18 about that, too; they should maybe come off the
19 proposed private road. My clients do know them and
20 I'll discuss that tonight and able to contact them
21 and talk about that option. In lieu of that, we
22 will provide an easement. What are their names?
23 MS. DELESKY: Bob and Marilyn Fairmam,
24 F-A-I-R-M-A-M.
25 CHAIRMAN EWASUTYN: Ed, anything else?
1 LANDS OF DELESKY
2 MR. GARLING: There's no names on any
3 of the lots. So you'll need to resolve that. If
4 we're going to approve this plan for the driveway on
5 your property, you're going to have to give them an
6 easement or pull it off of there. Of course, it is
7 the access to their house. That's all our comments.
8 CHAIRMAN EWASUTYN: Okay. Comments
9 from the board members in reference to Ed's
10 comments? Frank?
11 MR. GALLI: None.
12 CHAIRMAN EWASUTYN: Cliff?
13 MR. BROWNE: No.
14 CHAIRMAN EWASUTYN: Ken?
15 MR. MENNERICH: Yes. Charles, was
16 there consideration to having a common driveway for
17 Lots 4 and 5?
18 MR. BROWN: We actually had a version
19 that had that before we came up with this. I'll
20 talk to my clients about that again. They want to
21 kind of stay away from that because of the wooded
22 nature of the area back there.
23 In response to Ed's comment, I'll
24 discuss that again with them.
25 CHAIRMAN EWASUTYN: Ed?
1 LANDS OF DELESKY
2 MR. O'DONNELL: Nothing.
3 CHAIRMAN EWASUTYN: Joe?
4 MR. PROFACI: No.
5 CHAIRMAN EWASUTYN: I was out there.
6 Where's Margate Meadows and Equestrian Way in
7 reference to this? Do you know? Mr. Delesky, do
8 you know? Can you roughly point it out.
9 MR. DELESKY: Margate would be closer
10 to the apple orchard, about a half a mile.
11 MRS. DELESKY: On the opposite side of
12 the road.
13 MR. GARLING: It's across the road into
14 the east.
15 CHAIRMAN EWASUTYN: So you're up
16 further east of them.
17 MRS. DELESKY: West.
18 MR. BROWN: West.
19 CHAIRMAN EWASUTYN: Ed, you think sight
20 distance can be made on this site?
21 MR. GARLING: I was just talking to
22 Bryant, I had it confused with another site. The
23 sight distance should be adequate.
24 CHAIRMAN EWASUTYN: That's what I
25 thought. I've been out there myself. Okay.
1 LANDS OF DELESKY
2 Thanks.
3 Pat, you want to review your comments?
4 MR. HINES: We mentioned the need for
5 the DEC permit. The subdivision sheet one should
6 have record owners filled in. Stormwater management
7 plan will be required. The detail sheet depicts dry
8 swales along the private road which I believe are
9 for water quality. In fact, that's going to remain,
10 the maintenance agreements for the private road you
11 need to address those.
12 MR. FETHERSTON: They will be included.
13 MR. HINES: You mentioned road. Road
14 name requires approval of the town board. Survey
15 certifications note should be completed. That's all
16 we have in this.
17 CHAIRMAN EWASUTYN: Any comments from
18 the board members on Pat Hines' review?
19 MR. GALLI: None.
20 MR. BROWNE: No.
21 MR. MENNERICH: No.
22 MR. O'DONNELL: No.
23 MR. PROFACI: No.
24 CHAIRMAN EWASUTYN: All right. Then, I
25 move for a motion from the board to declare our
1 LANDS OF DELESKY
2 intent for Lead Agency for the five lot subdivision
3 and also to approve the conceptual sketch plan for
4 the Lands of Delesky.
5 MR. PROFACI: So moved.
6 MR. MENNERICH: Second.
7 CHAIRMAN EWASUTYN: I have a motion by
8 Joe. I have a second by Ken. Any discussion on the
9 motion? I'll ask for a roll call vote starting with
10 Frank.
11 MR. GALLI: Aye.
12 MR. BROWNE: Aye.
13 MR. MENNERICH: Aye.
14 MR. O'DONNELL: Aye.
15 MR. PROFACI: Aye.
16 CHAIRMAN EWASUTYN: Myself, so carried.
17 MR. DONNELLY: I was wondering whether
18 it's close enough to a state or county highway
19 requirement permit.
20 CHAIRMAN EWASUTYN: I don't think it's
21 close enough to Forest Road myself.
22 MRS. JACOBSEN: No, it isn't.
23 MR. GARLING: The location map isn't
24 that helpful.
25 CHAIRMAN EWASUTYN: None of them are.
1 LANDS OF DELESKY
2 MR. GARLING: Some are better than
3 others.
4 CHAIRMAN EWASUTYN: So until we
5 actually become Lead Agency you can't do much with
6 the DEC.
7 MR. BROWN: Yes. Right. Thank you.
8 (Time noted: 8:13 p.m.)
9 * * * * * * *
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C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
I, Charlene Koehler, a Certified
Shorthand Reporter and Notary Public do hereby
CERTIFY that I recorded stenographically the
proceedings herein, at the time and place noted
in the heading hereof, and that the foregoing is
an accurate and complete transcript of same, to
the best of my knowledge and belief.
___________________________
Charlene Koehler
Dated: September 28, 2005
TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
-------------------------------------X
In Re:
NEW YORK BUILD, LLC (2005-9)
2 Lot Subdivision, Site Plan
-------------------------------------X
Thursday - 8:13 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD C. BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
MARK OLSON, R.A.
Representing the Applicant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
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1 NEW YORK BUILD, LLC
2 CHAIRMAN EWASUTYN: Final item of
3 business is New York Build, LLC. It's a two lot
4 subdivision and site plan located on New Road and
5 North Plank Road in a B and R-2 zone. It's being
6 represented by Mark Olson and this plan was reduced
7 in size from its original submission.
8 MR. OLSON: Good evening, my name is
9 Mark Olson with Berg Hennessy and Olson.
10 Just quickly review. Originally we had
11 come here with a three lot subdivision. We have
12 since revised that and incorporated the area left
13 over into the commercial or business lot. We're
14 still showing the residential lot for two family
15 dwelling. We have, on the business lot, we have
16 shown the building footprint more clearly. We have
17 shown proposed sidewalks. Another comment earlier
18 was with reference to retaining wall design, we're
19 showing that later in the set, detail. The septic
20 has been designed, it's not that clear on the plan,
21 but there is a septic design under the soils data
22 section referencing the three seepage pits.
23 We had a stormwater design also done
24 for this lot by Lanc and Tully and they did not
25 provide us with a report at that point in time.
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2 Their feeling was that the stormwater would not show
3 a need for detention and, therefore, we wouldn't
4 really need a report. One has been requested and we
5 don't have any problem with providing that.
6 Other than that, the residential parcel
7 is remaining the same. We haven't really changed
8 that. We have added some landscaping to both plans.
9 We haven't gotten any comment back on that. I'm not
10 sure if there are comments at this point. Other
11 than that, that's kind of the project in a nutshell
12 at this point.
13 CHAIRMAN EWASUTYN: Okay. I guess the
14 real concern and that's what we'll begin discussing
15 is the proposed site plan with the contiguous nature
16 of the DEC wetlands. And this is an overly broad
17 conversation with Ed and Pat Hines. We will start
18 with Pat.
19 MR. HINES: With regard to that some of
20 the improvements are shown at the DEC buffer line,
21 the septic system, seepage pits are shown touching
22 the line. The building's located, I don't know,
23 four feet in the one corner from the line with a
24 swale between the building and the line. I don't
25 know if you can practically construct what you're
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2 showing there without encroaching on that buffer. I
3 guess I'm suggesting that you submit the plan for
4 DEC for a permit to construct the building. You're
5 going to have construction equipment in the buffer.
6 It's probably going to become an issue when you're
7 building it so get the permit now. You're avoiding
8 the buffer with the improvements but practically you
9 can't build it the way you're showing there.
10 MR. OLSON: We have put the plan in
11 front of DEC. They had a similar concern in their
12 response. We don't have a problem with making that
13 application to DEC.
14 MR. HINES: It will help keep you out
15 of trouble in the long run if you get the permit and
16 are able to construct that.
17 MR. OLSON: I think our concern would
18 be more along the lines of would that application
19 delay our process here?
20 MR. DONNELLY: They're not going to
21 rule on it until there's a Negative Declaration. We
22 haven't issued that yet. After the Negative
23 Declaration we need to schedule the public hearing.
24 If it moves along and the final condition was that
25 the approval was subject to getting that permit,
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2 then I think that would be satisfactory to the
3 board, then and I don't think it would slow you
4 down.
5 MR. OLSON: Okay.
6 MR. HINES: With regard to the
7 stormwater, we did request the stormwater report. I
8 probably concur with your argument that stormwater
9 quantity control is not an issue here because I
10 think you have an 88 acre wetland as part of the
11 parcel but we do need to comply with the DEC and
12 town regulations. So our report detail on the town
13 resolutions would probably be in order.
14 The dry swales you proposed are
15 typically put on plat areas. You have eight feet of
16 elevation difference across in some spots. You may
17 want to look at that design to see if it really will
18 function.
19 MR. OLSON: We had talked and dealing
20 with John Queenan in Lanc and Tully's office. We
21 spoke with John in reference to that. His feelings
22 was that the dry swales are intended for the small
23 storms, where the larger storms would traverse the
24 soils and that wouldn't be an issue. You'll be able
25 to see that in the report --
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2 MR. HINES: Yes, you'll give us that
3 report. Culvert at the driveway needs to be 15 or
4 18.
5 MR. OLSON: It's 15. It's a type O --
6 MR. HINES: The planning board
7 typically requires curbing on commercial site plan.
8 Probably 70 percent of the site shows curbing. I
9 defer to the planning board to discuss that after
10 we're done with these comments. I was suggesting
11 that the residential lot and commercial lots septic
12 systems be shown separate, kind of have the details
13 for each on one sheet.
14 MR. OLSON: Okay.
15 MR. HINES: May be confusing. You'll
16 probably sell off or build at a separate time the
17 residential lot. So make that clear.
18 MR. OLSON: Okay.
19 MR. HINES: The expansion area for the
20 commercial septic need to be tested, perks.
21 MR. OLSON: We made the assumption for
22 it. According to the soils maps, it's all the same
23 soil. We got good soils analysis and perk tests
24 where we did. We were pretty confident that the
25 whole site would perk. We will be back out to do it
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2 again.
3 MR. HINES: DOT highway access is
4 required, obviously. Jerry Canfield's office with
5 regard to sprinklering. I'm not sure of the size of
6 the building threshold. You check with him. I
7 think it's 5,000. Newburgh has more stringent code.
8 You may want to take a look at that.
9 MR. OLSON: There's a possibility he
10 would waive that?
11 MR. HINES: If it's required, there's a
12 waiver process. Typically not granted where
13 municipal water is in the vicinity of a site.
14 They've been not granting several of the last three
15 requests. There is a process, I think the Fire
16 Advisory Board or something does that.
17 CHAIRMAN EWASUTYN: Frank, would you
18 know?
19 MR. GALLI: No, I don't, John.
20 MR. HINES: Jerry Canfield's office
21 would be able to give you guidance. Septic tank and
22 park needs to be H 20 loading. Dumpster enclosure
23 needs to be shown. Have you talked to DOT? I know
24 you're doing some grading on that, I don't know what
25 it is, large parcel owned by DOT in the front there.
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2 MR. OLSON: Yeah, it's kind of an odd
3 right-of-way.
4 MR. HINES: It is.
5 MR. OLSON: We've put the plan in front
6 of DOT. We haven't received comment back yet. We
7 transmitted to them in end of June.
8 MR. HINES: And our last comment is
9 standard notes for water and sewer. Which if you
10 don't have them we can get you them.
11 CHAIRMAN EWASUTYN: Comments from the
12 board on Pat Hines' review. Frank?
13 MR. GALLI: No.
14 CHAIRMAN EWASUTYN: Cliff?
15 MR. BROWNE: Nothing more.
16 MR. MENNERICH: No.
17 MR. O'DONNELL: No comment.
18 CHAIRMAN EWASUTYN: Board's position,
19 we have been requiring curbing on all commercial
20 sites. What would we would like to see here?
21 Frank?
22 MR. GALLI: Yes.
23 MR. BROWNE: Yes.
24 MR. MENNERICH: Yes.
25 MR. O'DONNELL: Yes.
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2 MR. PROFACI: Yes.
3 MR. OLSON: If I could comment on that,
4 Mr. Ewasutyn? There are two fairly new projects,
5 I'm not sure of the reasoning why, but there are two
6 fairly new projects on 32. I would reference North
7 Plank Executive Plaza and the pediatrics building on
8 Weyants Road which handled the curbing very similar
9 to the way we're illustrating it here, where curbing
10 and sidewalk among the building and then the DOT
11 entrance would be curbed as well.
12 CHAIRMAN EWASUTYN: I think what
13 happened in those cases, that was a concept that was
14 approved several years ago. It has since changed,
15 the policy of the board. But good observation.
16 MR. OLSON: Okay.
17 CHAIRMAN EWASUTYN: Ed Garling, your
18 comments, please?
19 MR. GARLING: One of them was in regard
20 to the two-family home. The way the driveway is
21 laid out, it's going to be very difficult for cars
22 to get in and out and I know that this site is
23 restricted but you've certainly maximized the site
24 and I would, my feeling would be, two-family home
25 shouldn't be located on this property. If you're
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2 going to put four parking spaces in there, they
3 better work. These don't work.
4 MR. OLSON: Why would you say they
5 don't work?
6 MR. GARLING: Why don't they work?
7 Because if you drive a car in there, it's going to
8 be pretty hard to turn it and get it into the first
9 space. And backing in and out, you're not going to
10 get out your paved area.
11 MR. OLSON: Not going to get? I'm
12 sorry.
13 MR. GARLING: The car is going to be
14 driving over the lawns. If you're going to put a
15 parking area in for a two-family home, it should be
16 laid out to work. If you come in there with a car
17 and get to that first space to your left, you're
18 going to have to come in with a pretty small car to
19 make that turn.
20 MR. OLSON: I can take a look at it. I
21 didn't really see it as a problem.
22 MR. GARLING: Well, when you back out,
23 how much room do you have?
24 MR. OLSON: In the aisle?
25 MR. GARLING: Yes. What's the
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2 difference from the right side of the parking area
3 to the left where the driveway comes in?
4 MR. OLSON: It's about 35 feet.
5 MR. GARLING: All right. If you have a
6 parking area, we normally would require 18 feet for
7 the space and 24 feet, that's a total of 42 feet.
8 MR. OLSON: Typically for two-way
9 traffic situation, right.
10 MR. GARLING: Well, that's to mineuver
11 the car in and out. You go into a parking space in
12 a mall, when you back out you're almost over the
13 other side. Just to back out and turn out. I don't
14 know how you do it here. Just provide what's
15 necessary. You might have to drive over the
16 easement. You might have to get approval from
17 Central Hudson, but you bought this property so
18 you're going to have to work out that problem.
19 MR. OLSON: I don't see a problem
20 expanding on the parking area itself.
21 MR. GARLING: You could flip it around.
22 Put the driveway on the other side, then you
23 wouldn't have to get into the easement.
24 MR. OLSON: Uh-huh.
25 MR. GARLING: That was basically the
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2 comments. But I mean everything is very tight. The
3 building's right on the property line. On the other
4 side it's on the easement. Really just squeezed in
5 here, so you're going to have to work with that.
6 You'll need restrictions so when you file for a
7 building permit you're going to need surveys each
8 time before the foundation and then it's going to
9 have to be checked again after the foundation is put
10 in to make sure it's not over parking, setbacks and
11 easement line. That's all we have.
12 CHAIRMAN EWASUTYN: Karen, your last
13 comments we'll have from you.
14 MS. ARENT: My only concern is the
15 concern everybody has raised, it looks like you
16 can't really build this building without an
17 encroaching on the wetlands.
18 MR. OLSON: You're saying that the
19 business building.
20 MS. ARENT: Yes.
21 CHAIRMAN EWASUTYN: And your
22 satisfaction with the landscape?
23 MS. ARENT: I did not review the
24 landscaping at this time. I can review it if you
25 want.
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1 NEW YORK BUILD, LLC
2 MR. OLSON: You have a copy.
3 MS. ARENT: Yes, I do.
4 CHAIRMAN EWASUTYN: Is there any
5 benefit to setting this up for a work session?
6 What's your advise to the board?
7 MR. HINES: We could. We can discuss
8 the comments and get it more in order for the next
9 meeting. I'd like to see some indication from the
10 DEC or at least that you replied to them. We can go
11 over the comments once they're addressed so we can
12 reduce the list down for next time.
13 CHAIRMAN EWASUTYN: Would that be all
14 right with you, Mark? You can start working on some
15 of the comments now that you can present at the work
16 session, you can put it in order so we're not
17 wasting anyone's time.
18 MR. OLSON: Is there a possibility of
19 looking at a public hearing at this point.
20 CHAIRMAN EWASUTYN: Oh, no, in order to
21 have a public hearing we have to Neg Dec the
22 project. What we're saying is we're not in a
23 position to even come close to that.
24 MR. OLSON: Without the stormwater
25 analysis.
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2 CHAIRMAN EWASUTYN: Right. And the
3 concerns and with the DEC.
4 I'll move for a motion from the board
5 to set this up for the next available date for a
6 consultant's meeting.
7 MR. GALLI: So moved.
8 MR. MENNERICH: Second.
9 CHAIRMAN EWASUTYN: I have a motion by
10 Frank and second by Ken. Any discussion on the
11 motion?
12 MR. MENNERICH: Yes, just on the
13 residential, the duplex lot, if in reviewing in the
14 work session, if there would be some way to move the
15 parking to the back of that building.
16 MR. HINES: That's where the septic is
17 proposed.
18 MR. MENNERICH: Can they be reversed?
19 Personally I don't like duplexes with a big parking
20 lot out in front of them. It doesn't present a good
21 image from the road. This is a very difficult lot.
22 It shows a three-acre lot but it has transmission
23 right-of-way and the wetlands and the actual usable
24 area is --
25 MR. HINES: I know you're avoiding the
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1 NEW YORK BUILD, LLC
2 right-of-way but they may allow you to put parking
3 in there. Is there a restriction?
4 MR. OLSON: Here's the situation. We
5 have an existing buyer for the lot who would like to
6 put this two family on it. When I approached the
7 utility company, they sent me a six page contractual
8 document that they want the rights to this, that and
9 the other if you put anything in their right-of-way.
10 And our feeling was that a buyer is not really going
11 to want to get involved in that. That's why we're
12 trying to avoid it.
13 CHAIRMAN EWASUTYN: And understand what
14 Ken is saying, from a planning board point of view,
15 we're trying to balance the fact that you're
16 investing in the property and going to flip it like
17 the one on North Fostertown Road and you have the
18 right to buy and flip, but we also have the thought
19 in mind of creating something in the town that's
20 pleasing for the town.
21 MR. OLSON: Absolutely.
22 CHAIRMAN EWASUTYN: I think we may have
23 to still explore that consideration of parking in
24 the area and finding a way of working within that
25 right-of-way. I'll call a spade a spade with you,
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1 NEW YORK BUILD, LLC
2 you know, that being the point. And --
3 MR. HENNESSY: May I just -- I'm Andrew
4 Hennessey. I think you guys know me.
5 Two things, the reason the septic is in
6 the back is for grading purposes. The lot runs
7 downhill towards the rear. Just makes sense to put
8 the septic towards the rear. As far as the parking
9 lot, lots is heavily wood. We plan to leave as many
10 trees as possible so that should help mitigate the
11 views of the parking area, if that's any
12 consolation.
13 CHAIRMAN EWASUTYN: I'll poll the board
14 members to see if they're in support of
15 Mr. Mennerich's comment.
16 MR. GALLI: I'm in support of his
17 comments. I haven't seen the lot to see how many
18 trees are blocking it. Like Ken says, if you see a
19 duplex and Wells Road is common, duplexes are there,
20 and all the parking is out in the wide open, doesn't
21 look pleasing at all.
22 CHAIRMAN EWASUTYN: Cliff?
23 MR. BROWNE: I oppose it, too.
24 CHAIRMAN EWASUTYN: Ken?
25 MR. MENNERICH: I guess I would
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1 NEW YORK BUILD, LLC
2 question, what trees are there. Usually the
3 transmission right-of-way --
4 MR. HENNESSY: They don't clear the
5 full widths. You can see the trees.
6 MR. OLSON: On the map there's a tree
7 line that runs -- that's the limit of their
8 clearing.
9 CHAIRMAN EWASUTYN: Joe, do you think
10 this is an example where they should identify some
11 of the trees as far as the diameter so we know
12 what's there and if it is effective? This is where
13 it may have a benefit, Karen, for them to identify
14 those trees. If you want to do that, that way we
15 could see.
16 Karen, you want to give him the height,
17 D.B.A. for identifying them?
18 MS. ARENT: Well, typically we required
19 at least you -- did you locate the edge of the
20 woods?
21 MR. OLSON: We did. The edge of the
22 clearing is here.
23 MS. ARENT: Within that edge of
24 clearing, the town has a requirement that we mark
25 every tree eight inches diameter and greater.
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1 NEW YORK BUILD, LLC
2 MR. OLSON: We did on the business lot.
3 We didn't on this one but we can.
4 MS. ARENT: If we're thinking about
5 what screening is available, I think we would almost
6 need the trees eight inches and above.
7 CHAIRMAN EWASUTYN: So if you could
8 identify them, it would be a way of mitigating the
9 concerns that Ken has but right now we're looking at
10 the possibility of relocating in the back. But if
11 you can show us caliber of trees. I drove by the
12 site. I can't tell you right now what I remember
13 seeing about the visual impact but you may want to
14 do that between now and the work session.
15 MR. HINES: Just to clarify for them.
16 It's 88 acre site. We're looking in the area of the
17 disturbance.
18 CHAIRMAN EWASUTYN: We're discussing
19 the multi family lot.
20 MS. ARENT: Where the trees would be
21 visual impact.
22 CHAIRMAN EWASUTYN: For the parking
23 lot, yes.
24 MR. MENNERICH: I think we have to keep
25 in mind, those trees are there now, there's nothing
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1 NEW YORK BUILD, LLC
2 saying Central Hudson would keep those trees there.
3 MR. OLSON: Is there a scheduled date
4 for that meeting?
5 MR. PROFACI: I'm in agreement with
6 Ken. If you can put it in the back, I'd like to see
7 it in the back if there's anyway to do it.
8 MR. HINES: Our meeting's typically the
9 last Tuesday of the month.
10 MR. GARLING: The meeting would be the
11 27th. We'll send you a notice tomorrow.
12 MR. OLSON: Okay.
13 MR. DONNELLY: John, my notes indicate
14 that you issued a Notice of Intent to serve as Lead
15 Agency which was the last appearance in March. I'm
16 sure no one has challenged that status. You may
17 wish to vote on that. This had the coordinated
18 review.
19 CHAIRMAN EWASUTYN: Right, on 3/31.
20 Okay. I move for a motion from the board to
21 acknowledge the fact of the intent.
22 MR. DONNELLY: That you have now
23 finalized Lead Agency.
24 MR. PROFACI: So moved.
25 MR. O'DONNELL: Second.
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1 NEW YORK BUILD, LLC
2 CHAIRMAN EWASUTYN: I have a motion by
3 Joe and a second by Ed. I'd ask for roll call vote
4 starting with Frank.
5 MR. GALLI: Aye.
6 MR. BROWNE: Aye.
7 MR. MENNERICH: Aye.
8 MR. O'DONNELL: Aye.
9 MR. PROFACI: Aye.
10 CHAIRMAN EWASUTYN: Myself, yes. So
11 carried.
12 (Time noted: 8:35 p.m.)
13 * * * * * * *
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C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
I, Charlene Koehler, a Certified
Shorthand Reporter and Notary Public do hereby
CERTIFY that I recorded stenographically the
proceedings herein, at the time and place noted
in the heading hereof, and that the foregoing is
an accurate and complete transcript of same, to
the best of my knowledge and belief.
___________________________
Charlene Koehler
Dated: September 28, 2005
TOWN OF NEWBURGH PLANNING BOARD
NEWBURGH, NEW YORK
------------------------------X
In Re:
BOARD BUSINESS
------------------------------X
Thursday - 8:36 p.m.
September 8, 2005
1496 Route 300
Newburgh, New York
B E F O R E:
TOWN OF NEWBURGH PLANNING BOARD
PRESENT:
JOHN P. EWASUTYN, Chairman
KENNETH MENNERICH, Board Member
EDWARD T. O'DONNELL, Jr., Board Member
CLIFFORD C. BROWNE, Board Member
FRANK S. GALLI, Board Member
JOSEPH E. PROFACI, Board Member
NORMA A. JACOBSEN, Planning Board Secretary
EDWIN GARLING, Planning Consultant
BRYANT COCKS, Garling Associates
PATRICK HINES, Engineering Consultant
MICHAEL H. DONNELLY, ESQ., Planning Board Attorney
KAREN ARENT, Landscape Consultant
COVENANT REPORTING
Certified Shorthand Reporting
Newburgh, New York 12550
(845) 564-7477
2
1 BOARD BUSINESS
2 CHAIRMAN EWASUTYN: These are all
3 reminders. On the 19th, which is a Monday, the Town
4 Board is having a public hearing on the
5 comprehensive GEIS. You all received copies of
6 that.
7 The Orange County Municipal Planning
8 Federation has their advanced course in planning and
9 land use on the dates noted, if anyone is
10 interested, let Norma know. We have money in our
11 budget for that.
12 Ken, you want to add to that?
13 MR. MENNERICH: If you haven't seen the
14 flyer, take a look at it, it looks like there's a
15 real good content in these courses and it would be
16 very useful for your planning board work here.
17 MS. JACOBSEN: John, can I make a
18 recommendation? What happened with the last time,
19 if everybody makes their own reservation and pays
20 for it, we'll refund as soon as they've paid for it.
21 CHAIRMAN EWASUTYN: Okay, fine.
22 MRS. JACOBSEN: That way we won't be
23 putting out the seven people and two people
24 attending.
25 CHAIRMAN EWASUTYN: Okay. So those who
3
1 BOARD BUSINESS
2 are interested, you will be refunded the enrollment
3 course of that class.
4 And a reminder on the 24th, that's a
5 Saturday, at 8:30 a.m., we're having our quarterly
6 site inspection. Anyone have anything they want to
7 bring up? Okay. That being the case, I move for a
8 motion to close the planning board meeting of the
9 8th of September.
10 MR. GALLI: So moved.
11 MR. MENNERICH: Second.
12 CHAIRMAN EWASUTYN: I have a motion by
13 Frank and I have a second by Ken. I'll ask for roll
14 call vote starting with Frank.
15 MR. GALLI: Aye.
16 MR. BROWNE: Aye.
17 MR. MENNERICH: Aye.
18 MR. O'DONNELL: Aye.
19 MR. PROFACI: Aye.
20 CHAIRMAN EWASUTYN: Aye.
21 (Time noted: 8:39 p.m.)
22 * * * * * * *
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C_E_R_T_I_F_I_C_A_T_I_O_N
_ _ _ _ _ _ _ _ _ _ _ _ _
I, Charlene Koehler, a Certified
Shorthand Reporter and Notary Public do hereby
CERTIFY that I recorded stenographically the
proceedings herein, at the time and place noted
in the heading hereof, and that the foregoing is
an accurate and complete transcript of same, to
the best of my knowledge and belief.
___________________________
Charlene Koehler
Dated: September 28, 2005