[0:00] Let's >> call this meeting of the town planning

[0:04] board to order. Please rise for the pledge of

[0:07] » allegiance to the flag of the United States of

[0:11] America to the republic for it stands one nationice

[0:19] for all. >> Thank you.

[0:30] First item on the agenda is the approval of minutes August 6, 20126.

[0:36] Comments or revisions?

[0:46] » There are none. Can I have a motion then to approve the minutes of August 6th as

[0:49] prepared? >> Move.

[0:51] » Fell second by second. >> Giovani. All in favor say I.

[0:55] » I. >> Against.

[0:57] » One abstension. Thank you.

[1:06] » Next item on the agenda is the possible extension or abandonment of applications

[1:10] pursuant to town code. Project being Young's Grove Rigger.

[1:15] We have a letter uh dated August 12th, 2026 from engineering and surveying

[1:21] properties addressed to the planning board regarding this application.

[1:25] With this letter, we are requesting a spot on the August 20th, 2026 planning

[1:29] board agenda to request two 90-day extensions of the conditional

[1:33] preliminary major subdivision approval [clears throat] for the reference

[1:36] project. The conditional preliminary approval is scheduled to expire on or

[1:40] about August 20th, 2026, today. We have attached a summary of activities that

[1:46] have occurred in the past several months in an effort to complete the conditions

[1:50] of preliminary approval. Thank you for your attention to this matter. Should

[1:54] you have any questions, please do not hesitate to contact our office.

[1:57] Sincerely, Steve Espazito and we have a project update. It's

[2:03] project update number 24 dated August 12th, 2026.

[2:09] Again, the applicant is requesting two 90-day extensions of his conditional

[2:13] preliminary major subdivision approval. Since approval, the following items have

[2:17] been addressed and completed. The applicant is continuing a dialogue

[2:22] with the town board and village board regarding sanitary waste.

[2:26] Applicant drafted a developer agreement for a water system and providing water

[2:30] to Stonehenge subdivision, which is currently under review by the town board

[2:33] and town attorney. Two, the applicant received comments from the New York

[2:38] State DEC regarding our water withdrawal permit application that was submitted to

[2:43] the department on December 12th, 2023. Applicant is responding to the DEEC

[2:49] comments. Applicant needs resolution of sewer treatment with the village to

[2:53] complete the responses and revisions to the New York State DEEC comments.

[2:57] [cough] Number three, based on the final

[3:00] resolution of sewer treatment and water with the town and village, the applicant

[3:04] will revise the preliminary approved subdivision plans for the planning board

[3:07] approval. >> Sean,

[3:11] » I have nothing further, but Ross is here if he has anything to add.

[3:14] » Nothing to add. I know they've been trying to work out the sewer issue.

[3:19] » Okay. comments from the board.

[3:28] » Okay. In that case, uh, two 90-day extensions would take us to what?

[3:32] » February 18th, 27th.

[3:40] » [clears throat] >> I have a motion then to grant the two

[3:42] 90-day extensions to February 18, 2027 for the conditional preliminary major

[3:47] subdivision approval for Craigville LLC, Rever Homes, also known as Young's

[3:52] Grove. >> The motion

[3:54] » Marty second by a second.

[3:57] » Phil, all in favor say I. >> I.

[3:59] » Against.

[4:06] » [cough] >> Next item,

[4:11] public hearings. First one being Anttoaga Mansion

[4:16] 2-1-21.2 21.3 21.4 and 21.5.

[4:23] application for a site plan and special permit approval for a catering facility

[4:27] with accessory guest rooms and spa on 145.7 plus or minus acres on New York

[4:33] State Route 207 in RU zone with the AQ3 overlay. Do we have anyone from the

[4:39] public here for this public hearing?

[4:44] » Uh once we take care of company up here, I'll open it up to the public and the

[4:50] floor will be yours.

[4:53] Uh so this uh was opened a zero time not open this was last discussed a June 18th

[4:58] meeting. At that time the applicant requested an endurement which we

[5:01] provided till this evening. I followed up with the applicant who gave us an

[5:05] email that asked for an additional three-month procurement and they

[5:08] indicated that they are preparing to submit a uh petition to [clears throat]

[5:13] the town board for a zoning amendment. Don't know anything further than that.

[5:17] Um so if board's interested in u giving an adjournment I would suggest

[5:23] that you open the public hearing to take any public comment and then if you want

[5:27] to provide the three months of gap question that would be your

[5:33] » adjourn to November 18th >> that's what the okay

[5:41] bill comments on this application >> well Um, I'm not sure what the uh

[5:50] change in zoning is all about. That's a big unknown factor. I do think as it

[5:56] stands without that change, I think it's 97-18C

[6:02] does permit a residential property to be used for business purposes if it meets

[6:10] certain criteria. And I am wondering one of the criteria

[6:16] criteria is [clears throat] one of the criteria is the exterior appearance

[6:24] of the residential structure is not significantly modified.

[6:30] And another one is that the business occupies less than 5,000 square ft of

[6:36] floor space area. We have a 10,000 square foot more or less 10,000 square

[6:43] foot residence that they are proposing to

[6:49] expand to 55,000 square ft more or less. I would like to

[6:55] hear at some point from the applicant given that those are criterion criteria

[7:02] for satisfying business purpose for residential

[7:07] purpose. [clears throat] How this uh proposed use, a catering

[7:12] facility, an event facility would meet those two requirements.

[7:25] You want to weigh on that? >> I can weigh in. Steve's been the lead on

[7:28] this. Um I understand it was initial determination by Frank that it was

[7:32] consistent with the zoning that was appealed by the neighbor went to the

[7:35] ZBA. Um that appeal has been stayed. Um they

[7:40] have met with planners. Um we're looking at the comprehensive plan and potential

[7:46] zoning amendment. only one has been drafted with maps in place and I think

[7:49] it's probably going in the next day or two to the town board regarding amending

[7:54] the zoning for the shoots. >> Thank you.

[8:07] I I just have a couple questions. Actually, there some of them may have

[8:10] been addressed, but uh in the design itself, the valet

[8:16] parking area, we're not showing any lighting. Um

[8:21] vehicles are going to be picked up from that area in the evening hours after an

[8:26] event. I'm not sure why we have no lights other than whatever light the

[8:31] go-kart has. You know, the golf cart or the uh

[8:34] » you know but you know something to consider as far as evening hours

[8:38] lighting um we were talking about the venues being separated by two hours and

[8:45] I wasn't sure if that means that they'll be staggered in the sense that two hours

[8:50] one will start after the other and in two hours earlier than the other so

[8:54] there's always a two-hour lag between the two I think that needs to be cleared

[8:58] up a little bit what the maximum number of hours are so they could maintain that

[9:02] shift. Um [snorts] the outdoor outdoor ceremony spaces

[9:08] don't appear to have any lighting. Also, not sure why uh unless it's being used

[9:13] in daytime hours and not part of an evening event.

[9:18] Um

[9:21] just want to confirm there's no intention to have fireworks or outdoor

[9:25] amplification. >> No. uh consideration for solar panels on

[9:30] the roof since we have a sizable amount of roof uh deck. I don't know if that's

[9:34] been considered as far as the energy uh uh considerations.

[9:40] Um and also where the water's coming from irrigating the shrubs and the lawns

[9:45] because we're saying that we're maintaining lawns. Uh I don't know if

[9:48] it's going to be like a irrigation system, subsurface irrigation system,

[9:52] and if so, is there a tank or a holding rain water and what are we using?

[9:57] So I mean typically we would propose landscaping that doesn't require any

[10:01] irrigation especially in New York not not to need any kind of irrigation

[10:06] » even the lawns know just >> let nature take care of it.

[10:10] » Yep. >> Use the right plantings that don't

[10:12] require water.

[10:16] » We wouldn't know this summer. And the other thing was the two storm

[10:21] water management ponds as far as landscaping and fencing around those

[10:24] since they but the parking areas. Uh I didn't see anything on plans preliminary

[10:29] plans anyway that shows anything like that. Something to consider.

[10:36] » I don't necessarily have any questions right now on the site plan, but can you

[10:40] uh tell me what zoning changes are they looking to go to?

[10:45] I I don't I don't quite know exactly because Steve's been handling um that

[10:50] zoning process [clears throat] attorney um

[10:55] Steve's office and I know they had met with the planner I don't know if it was

[11:01] overlay zone um that was the initial concept um that would allow certain uses

[11:07] if you had certain frontages on state highways you had certain acreages so

[11:11] forth that was the initial concept that they were talking

[11:15] I guess >> it'll be introduced here any Yeah. any

[11:17] day. >> All right. [clears throat]

[11:22] » Nothing. I second Phil's comments. >> Sure.

[11:25] » So, I'm I'm totally in agreement with Phil, but I do have a question. Um,

[11:29] Ross, if uh the accessory uses or the accessory

[11:36] service businesses in in the establishment are not going to be open

[11:41] to the general public. They're going to be open specifically to the people that

[11:45] have events booked at the facility. Correct.

[11:47] » Yep. That's correct. >> So, we're not going to find these rooms

[11:49] on Airbnb or >> Correct.

[11:51] » things like that. They're not going to be on booking.com.

[11:55] » It's an event that right now up at >> the bar, the bill of an easy that old

[12:01] house there he actually >> he's doing right. So, that and I know

[12:04] that that's how he operates those two businesses.

[12:07] » I was assuming >> the same intent here.

[12:08] » I was assuming it was going to be the same intent here. I just wanted to hear

[12:11] it straight from you. >> So these accessory uses are strictly for

[12:15] the event space. They're not separate >> and and and additional businesses. It's

[12:21] it's one it's covered under >> correct. They're accessory to the event

[12:25] » to the event. Okay, great. That was my my big question. And as far as the site

[12:30] plan goes, um I think I think I'm okay. >> One more question. The catering costs

[12:40] that will only be for on-site activities >> related to the onsite.

[12:46] » Yeah. >> Won't be

[12:48] » to the general public. Correct. Okay. >> Yeah. Yeah. Any luck they will have any

[12:55] any time to cater outside the facility and he does it out of his current

[12:58] facility. >> Okay. So he's he's essentially

[13:04] his plan is to duplicate his other two establishments

[13:07] » with a different >> different look different

[13:10] » different look different location different services.

[13:13] » Yeah.

[13:16] » Any other comments or concerns?

[13:20] If not, we'll uh open up the public hearing. Um any

[13:28] anyone else besides Neil wish to speak?

[13:33] Uh what I'd like you to do once we open the public hearing is just introduce

[13:36] yourself and your address for the record and then state your concerns. I need a

[13:41] motion to open the public hearings. >> So moved.

[13:44] » Giovani second by >> Eric. All in favor say I.

[13:48] » I. against public hearing is open and I recognize you state

[13:55] how res uh hearing about the possible zoning

[13:59] change may make any move or whatever but uh lacking that change uh my concern is

[14:06] that I think it's going to go to the ZBA and if the ZBA uh the power the ZBA has

[14:11] to balance look at it and balance the advantage to the uh the owner of the

[14:16] property versus the impact to the to the neighborhood. And I think one of the

[14:20] issues with that then is you need to start what's the the impact right now as

[14:25] as permitted which would be as stated 5,000 ft of usage. Uh, and so what's the

[14:31] impact if you have open it up this 5,000 foot facility and then what's the impact

[14:36] if you make it a 55,000 foot facility and I would suggest if it's going to be

[14:41] considered that way that you also have the applicant look at if they just use

[14:45] the existing facility recognizing the fact that there's an existing building

[14:48] there that's is in excess of 5,000 ft. it may make sense to visit it at that

[14:52] and say, "Hey, we can give the ZBA may decide, hey, we can give you the 13,000

[14:57] whatever, but we can't go up 55,000." I think it just be helpful if when you're

[15:01] doing the environmental review that you have those impacts specified that way.

[15:06] It would be helpful for the ZBA to be able to make that that kind of balance.

[15:10] Right. Thank you. >> Thanks, Neil.

[15:15] » Anyone else from the public wish to speak on this application?

[15:24] So >> the applicant requested three months

[15:27] that would bring you to your November 19th meeting.

[15:29] » So that being the case, can I have a motion then to adjourn this public

[15:33] hearing to November 19th, 2026. >> Phil second by second.

[15:41] » Marty, all in favor say I. I [clears throat and snorts]

[15:46] [cough]

[16:18] Next item on the agenda, public hearing once again for CDA

[16:23] Extreme Sports Training Center 2596 Gan, New York LLC, formerly known as Unifi

[16:30] 12-1-117. application for an amended site plan and

[16:34] special permit for the conversion of a light industry to recreational business

[16:38] on 5.3 acres New York State Road 17M in HC zone with an AQ6 overlay.

[16:47] » Good evening. Ross Witz engineering and surveying properties. I'm here with

[16:50] Joyce who is with CDA Extreme, the uh operator of the cheer

[16:58] » Y. Okay. Um, just to get everybody uh oriented, this

[17:05] is the former furniture options building. Um, it was purchased by

[17:08] European Outdoors probably about 5 years ago um and converted for their use um to

[17:15] a special permit. Um, their business had declined. They ended up selling the

[17:22] property um to a new owner who had brought in a tenant uniplant who we were

[17:28] here a couple years ago for it. Uh European Outdoors has uh basically

[17:33] disappeared. Um and the the use of their facility which is about 10,381 square ft

[17:40] uh where they have been it will be occupied by CDA Extreme and their

[17:45] training facility. Um there's not a lot of site improvements proposed. There's a

[17:50] bunch of striping um in what was the loading area, loading dots in the back

[17:54] that we use uh for the building. Um we proposed parking there that was part of

[17:59] our discussion in the July meeting. Um we show routing um proper widths, proper

[18:06] spacing, drop off area for parents. Um any overflow would come to the front

[18:11] could park in the front. um signage for that provide.

[18:15] Um it's really it. We did the sewer test.

[18:20] Everything came back fine. The applicant uh the owner, I should say, it's not the

[18:24] applicant, the owner is pursuing uh Department of Health approval for the

[18:27] water system. [cough and clears throat] Be glad to answer any questions.

[18:31] » Thanks, Ross. >> Not much to add, Mr. Chairman. This is

[18:36] amendment. Uh the applicant indicated this was

[18:39] before you back on July 16th. written comments on July 10th. The applicant has

[18:45] made recent submission requested responding to those comments and also

[18:49] addressing some requested and this is listed this evening for public

[18:58] um two issues. One one we raised earlier at

[19:05] another meeting which was ADA compliance for the

[19:13] as an entryway and an exit to the facility and the other uh there was a

[19:21] one of the narratives concerning the project you uh discussed

[19:28] u for the younger children that they had

[19:32] to be accompanied after practice. >> They had to be accompanied by an adult.

[19:38] » Yep. >> To

[19:41] uh safely get through the parking lot to to the cars. It would seem to me that uh

[19:50] that plan, whatever it is, it should be put down in writing and it should apply,

[19:58] I think, to all of the athletes >> who are involved

[20:02] » because, you know, you get teenagers, they can be pretty distractable.

[20:07] » Well, we have cameras located throughout the building so I can watch we have

[20:10] cameras located throughout the building so I can watch the parking lot. The kids

[20:13] aren't allowed to leave till they see their parents in the lot. They're not

[20:15] allowed to hang out in the parking lot. So, a 13 and 14 year old [clears throat]

[20:18] can go into the lot and find her dad's car and jump in. They're not allowed to

[20:21] stay outside if they are outside. As of this week, it was nice out, so they were

[20:25] outside. I had a coach sitting outside with them. So, that does happen, but the

[20:28] parents aren't parking to pick those kids up. They're driving up, the kids

[20:31] are jumping in, and they're leaving. Um, the mini parents, which are the

[20:35] 9-year-old and under group, their parents will park in the back 5 minutes

[20:39] before pickup, and they will wait in their cars. When they see the kids come

[20:42] up to the steps, they come out to the steps, they grab their kids, they put

[20:44] them in the car. So, this is a system we've been using since COVID um when we

[20:48] had had kids check in and check out. So, it has worked for us. The little kids

[20:52] are being escorted through the parking lot. The older kids are not allowed to

[20:55] hang out in the parking lot and are free going to the parking lot. They look at

[20:58] the door, their parents is here, they go to the parking lot. There's no hanging

[21:00] out or congregating in the parking lot alone.

[21:06] » I just leave it to the board whether whether or not you want to see something

[21:10] in writing to that effect. >> I think it is in writing in the

[21:13] narrative. I just have to specify in the narrative. I wrote the narrative. I have

[21:17] to specify in the narrative that the juniors and older teams don't leave and

[21:21] go into the curriculum until more detail.

[21:23] » Yep. >> I can do that.

[21:25] » Okay. >> Um Philip mentioned the uh ADA access.

[21:33] » Uh yeah, why don't you tell us uh more about what you think? Um, so what we can

[21:40] do here is providing uh handicap access, handicap parking up front at the

[21:46] entrance. We're adding two parking spots. Um, there'll be uh there's a

[21:51] front entrance store that's handicap accessible. It has cameras on it and

[21:54] there is a bell on it. So um they can activate the bell that can notify them

[22:00] that they're there. So if it's after hours and say uni plank is closed, they

[22:05] can activate the bell. Joyce staff has access to that door and

[22:09] has >> I do have I do have agreement with Uni

[22:13] Plank that for ADA access I have their security code for the entire building

[22:17] and I may access the front door and bring them through the hallway into our

[22:20] door because we do have an access point between the two spaces.

[22:22] » So the path that's depicted on the plan [clears throat] what is is that a is

[22:28] that a hallway is that? >> So no that's just a hypothetical path. I

[22:31] mean we haven't been inside the building to lay a path out. That would be up to

[22:34] the architect when they finalize the division. But was something that Frank

[22:38] will be will look at >> that is actually that's actually close

[22:40] to the path. So the path is just a little further over. There's a door

[22:43] right here. There's a garage door and a large another large door right here

[22:47] between the center of the two spaces. And it's a hallway space. It is hallway.

[22:51] » Is that hallway space to find walls? >> Not to find walls.

[22:54] » So what would >> Yes, it's storage actually. So it's far

[22:58] it's very wide. So you're talking about probably 16t clearance walkway. Um, they

[23:02] have racking and storage on one side. >> What What prevents anyone going through

[23:07] that hallway to wander off that path? >> Well, we have the door locked.

[23:12] » So, I'm talking. >> So, they have to be escorted. Yeah, we

[23:15] have the door locked. So, we have the door locked from our side. They can't

[23:18] just free rain and roam through the building. Um,

[23:20] » so not they're not just getting buzzed in.

[23:22] » No, they're getting they're getting escorted. I'm going to pick them up at

[23:25] the door. A coach is going to pick them up at the door and bring them through.

[23:28] Chances of us having handicap somebody handicapped that's entering is probably

[23:31] very slim. It'll be very occasional if it's a mom or dad or somebody that needs

[23:35] to come in for a reason, but other than that, there's not many reasons why we've

[23:39] been there a year and there hasn't been one situation that we've had to use the

[23:42] door. >> Okay. I I I want to back that up a

[23:46] little bit. I do think you want to provide opportunities for people who

[23:50] need accessible entrances to work for you or to attend these competitions like

[23:54] that. I don't I don't think that it hasn't happened that much before is like

[23:59] a great answer to that, but but we can get through it. Um,

[24:04] how do people know uh how to get to this entrance require uh access and you know

[24:13] » well we actually gave some thought today cuz he called me to verify what we were

[24:17] doing with the ADA and we're going to put signage on the front that says that

[24:21] you have to give us a call and Buzz is right in the doorbell and we will come

[24:24] and escort you through the building if you require um assistance. So we're

[24:29] going to put that signage right by the doorbell in the front. the doorbell is

[24:31] there where we're going to put signage specifying that because it gave me some

[24:34] thought like yeah they really don't know unless they're already in our program.

[24:37] If they're in their program they have a band, they all know to communicate to

[24:40] your band. They can get me within minutes on band and I will get to that

[24:43] door. But if they don't know and they're just visiting then we're going to put a

[24:46] sign that says, "Hey, ring the bell and give us a call and we'll come to get

[24:49] you." >> Can I can I just expand on [snorts]

[24:53] Jeremy said competition? There's just going to be training. No actual

[24:57] competition. No, we don't host competitions.

[25:00] » We attend competitions. We don't host competitions.

[25:03] » There there was some correspondence question.

[25:06] » Yeah. >> Yeah. No, we won't host competitions

[25:07] there. This facility is not meant to hold competitions.

[25:11] » And what I would um more than recommend, what I think you're

[25:16] obligated to do is also put some signage on the main door

[25:20] » for [clears throat] your facility directing the rear.

[25:23] » No, 100%. So the signage that he proposed in the parking lot, he had

[25:26] specified drop off pickup. And with that, when I was giving it some extra

[25:30] thought today, I'm going with the signage on the back door saying that

[25:33] this is where we're like maybe they already know the system, but signage

[25:37] seems appropriate. >> And I guess the only other question is

[25:42] if Uni Plank uh goes the way of outdoor whatever like uh if if the tenant chang.

[25:49] » So I have a backup plan. I don't want to get into that backup plan because it's

[25:52] going to be financially costly to me and actually landlord should probably take

[25:55] care of it. But our side door does have it is wide enough for ADA access. So we

[26:00] have a door that is located right here on this concrete pad. We could do a

[26:05] walkway. So now there'll be a walkway from this entrance to here. If Uniplank

[26:09] was to go away and I was not access the building, that would be what I would

[26:12] propose to an landlord is that I get a sidewalk that gives me that access right

[26:17] into the side. If I can make a recommendation for an intermediate um

[26:22] addition to the resolution which would just be that it is your obligation to

[26:25] come to us if that's okay in the event that the change no longer gives you

[26:31] access. >> Yeah.

[26:32] » My lease is only for two more years. He has said he will extend it because of

[26:35] this. >> He's with the amount of work he put into

[26:38] this. So um I've actually spoken to him and it's probably going to be a future

[26:42] plan regardless because it just makes it a second pathway for me. But right now,

[26:46] this is what we're holding to is the ADA will use the front doors.

[26:49] » Mr. Chairman, can I just chime in on that,

[26:51] » please? >> So, if the ADA access is going to move

[26:53] to the rear, you're also going to have to convert those standard parking stalls

[26:57] to ADA stalls. There have to be access from those stalls through that door.

[27:01] » Yes. That it actually be right there actually within the path would be right

[27:04] next to them. >> No, I I just want you to realize that

[27:07] you may be losing some standard stalls in place.

[27:11] » No, I do understand that. Okay. Thank you. I appreciate

[27:16] » I just want to make sure I understand this. You have here the student drop off

[27:20] area. >> That's where the older children are

[27:23] being dropped off there. >> The older children are being dropped off

[27:26] in the student drop off area. So, they just drive the loop. Typically, a parent

[27:29] just drives the loop. They pull up to the door and the kid fits out. They keep

[27:31] driving and they leave. Um or they park in the front. Uh the minis are the ones

[27:35] using those back parking spots. Their parents will drop them off, walk them

[27:39] in, get back in their car. Most of them do not stay. if they're able to stay,

[27:42] but most most people just leave. They just leave. Like that's just the way the

[27:45] program goes. They just drop and go. They go have coffee. They go shopping

[27:48] with their girlfriend. They have dinner. Like I am the babysitter for that 45

[27:51] minutes that those kids are there. >> So what entrance are the older kids

[27:54] going? >> The back end our main entrance which is

[27:56] the rear building >> which is in the rear. Okay. So that

[27:58] means they have to walk walk along along this pave. That's the drop off area.

[28:03] » No, no, no. They they would be what? This is all

[28:07] » be here and they walk on strip. That's completely blank. There's nothing there.

[28:11] » That's just a sign that's going to say student drop off area, right? By the

[28:15] way, >> it's a full striped area in front of the

[28:19] door that would say. >> Yes.

[28:23] » So then technically all kids are going to be dropped off in the back.

[28:25] » Yeah. Everybody get off the back. >> The parents just don't park in the back.

[28:30] That's just a science [snorts]

[28:34] [clears throat]

[28:38] » again. Back to the site plan. >> Uh next to the rear parking lot, you

[28:42] have your uh sewage disposal area. >> Mhm.

[28:45] » Uh and it said in the New York plan that there was going to be traffic cones to

[28:49] there is traffic cones there. >> I mean, what exactly that I mean, is

[28:52] that something that's permanent or we talking those little tiny

[28:54] » I'm talking about cones and rope. That's all we have is cones and rope in the

[28:57] winter. It's a non-issue. you cannot possibly park up there because the

[28:59] amount of snow and ice and just is muddy and they don't want to park there. It's

[29:03] just summertime that they like to hang out with their friends. So, they were

[29:06] parking there. So, I roped it off um because it's a big field plane field.

[29:10] So, they were parking there. So, I roped it off so they could not damage the

[29:13] sewer or septic system. Um they've actually declined with the rain. They

[29:17] haven't been parking back there. [laughter]

[29:18] » Is is there anything we could do that's maybe a little bit more permanent than

[29:21] that? >> What would you like to see? What What

[29:24] would you >> plus come up with something? So they're

[29:26] not This is all grass. So in order to I want a sign.

[29:29] » What you don't want is someone just keep driving right through parking right on

[29:33] top. >> How about a sign that says they can't do

[29:34] it at all. >> Well, that's that's almost like an

[29:36] invitation to do it. [laughter]

[29:40] » You want to hang out with that guy when he was young. [laughter]

[29:44] » So we could do some kind of like a landscape chain, you know,

[29:48] » landscape chain or something else. Just something a little more sub substantial

[29:52] than the >> the visual

[29:54] » that could be moved around fall down

[30:03] » an invitation. >> Did you speak to my parents? That would

[30:06] be an invitation. [laughter] >> She said not to. Let me try.

[30:11] » Uh just remind me uh your classes are like they start out on a given hour,

[30:17] right? >> Yes. Uh, and how many what's the maximum

[30:19] number of kids that you would have arriving for that class?

[30:23] » They're all staggered. So, right now my teams are between the numbers of I think

[30:27] my smallest team has seven on them and my largest team has 18. So, they

[30:32] stagger. So, the team of seven might arrive at 5, the next team might arrive

[30:35] at 5:15 with 12 more kids and then that team leaves at 5:45. The six o'clock

[30:40] team comes in. So, I stagger the schedule so that everybody's adjusted in

[30:43] the parking lot. Um, last year I didn't have that ability because we started in

[30:47] a different building, but this year knowing that I've been there already a

[30:50] year, I know the schedule. So, I have it staggered so that I know there's enough

[30:53] time to drop off, get back in your car, and leave and it's open up for the next

[30:57] set of parents coming in. >> So, is there any thinking about

[31:01] expanding the class size? >> Well, teams vary. So, our team's

[31:06] triyouts are start in May. The most I can put on a team is 30. That is max

[31:09] that I could put on a team would be 30. for this point of this season. We

[31:13] already started our teams. Our teams are already going. It's very unlikely that

[31:15] they would increase that number. People try out for teams by level. So,

[31:20] we have to have a certain amount of children come in to want to do all our

[31:24] cheerleading that of a certain level. Our choreography is already done. So,

[31:28] no. >> Okay. My my only thought was, you know,

[31:31] 30 cars arriving that is at >> if I if next season come May, I have a

[31:36] team of 30, I would be sure to make sure the next team doesn't start till 30

[31:39] minutes later. So that those kids get in, the other team comes in, it's a

[31:42] smaller team. I wouldn't put a team of 30 and a team of 30 together. [cough]

[31:47] [clears throat] >> Thank you.

[31:51] » So I just have a couple questions regarding the interior of the building.

[31:55] Mhm. >> What is separating your space from unit

[31:59] plank space? That dotted line shown on the plan. What exactly is that?

[32:03] » The first dotted line like dead center >> to the wall that's between

[32:07] » Yep. This one. This Well, I'm telling this first. This first dotted line going

[32:10] this way is a concrete wall. So, that is a concrete wall that has a garage door

[32:14] and an emergency door dead center of it. Um, the other wall is not complete yet.

[32:18] This is what we need to work on next. It's going to be a fire rated sheetrock

[32:21] wall. >> Okay. [clears throat]

[32:26] So neither one of those wall the the first wall is in

[32:29] » the first wall is one of the right and >> it just dead ends in the middle in the

[32:32] middle of the of the space. >> Yes. And then it goes into a fire rated

[32:35] wall. So it's literally a box. So if you walk into the facility, you walk in,

[32:39] it's a box. >> Okay. I'm assuming that concrete wall is

[32:43] also fire rated obviously, right? It's concrete block wall. It makes sense that

[32:47] it's a firewall. >> Um

[32:50] the next question is a legal one. um

[32:56] that EDA accessible route that goes through unit plank space. I I'm assuming

[33:02] that

[33:05] our attorney would want to see that agreement and approve it

[33:10] » to to minimize risk on the town approving something that may or may not

[33:15] be

[33:19] adequate for for to protect the town from approving something that isn't

[33:23] adequate. >> We can make that part of release, I

[33:26] think, would probably be the best way to address that. Send a release to it and

[33:29] we can provide a copy.

[33:33] the neighboring tenant part of it. >> Yeah. Yep. The tenant to your

[33:39] » Mhm. >> Yep.

[33:43] » So, the the town attorney's approval would be part of your lease.

[33:47] » No, we would we would provide that language as an amendment to her lease,

[33:51] which is what the owner which is within the plan for your terms of to confirm

[33:55] it's we have the rights. >> I just I I just feel like

[33:58] » we're not just telling you we have the rights. I just feel like our attorney

[34:01] should be approving any any agreement that you put.

[34:04] » Yeah, >> that's easy enough. Also,

[34:06] » I'll add that to the resolution as well. >> I'll add that to the resolution as well.

[34:15] » That's all I have. >> Do we have anyone from the public here

[34:19] for this public hearing?

[34:23] » Hi, Neil. [laughter]

[34:28] Uh, could I have a motion to open the public hearing?

[34:31] » So moved. >> Wait a second. Only one person.

[34:34] » Gio. Second by Phil. >> Sure.

[34:36] » All in favor say I. >> I.

[34:38] » Against. >> Public hearing is open. Neil. The floor

[34:42] is yours. >> Thank you. Uh, actually I'm speaking on

[34:44] behalf of the top. So >> you

[34:49] off camera.

[34:57] » Uh, so we had a couple questions. I think you really covered it pretty much

[35:01] with the parking. It's kind of you kind of hit the question if they have 30

[35:05] people here and then 30 people here. So how many how many total parking spaces

[35:08] do you really need if you're going to have two two classes uh crossing at the

[35:13] same time? So maybe that you have 30 and 30 have 60 parking spaces. I just have

[35:17] to you'll I'm sure we take care of that. The other thing I I heard tonight was

[35:20] that uh there may be parking in the front of the building in which case I

[35:24] think there's no no light along the side of the building to walk that uh from the

[35:29] front of the building to the back of the building. Uh I know Gio's probably going

[35:32] to hit that. Nobody gets worried about that lighting. That's right. I'm aware

[35:35] of that. Uh so that's that's another concern. The other big concern we had or

[35:40] the more significant concern probably is the total number of people and the total

[35:44] uh su uh sewer usage or waste water usage and whether or not the uh the

[35:50] septic system is uh closed for that. I'm not really worried about the overall

[35:55] we're not really worried about the overall water usage. It's still going to

[35:57] be very minimal compared to a house. Uh however the septic system may not have

[36:00] been designed for that. Uh and then the last thing is just uh some having some

[36:05] kind of marking for a fire lane around the building. Uh there's going to be a

[36:09] lot of people parking and traveling through there. Uh I don't know if have a

[36:13] painted on on the top on the ground or not, but there needs to be a way for

[36:17] emergency vehicles to get around the entire building if it was ever needed.

[36:21] So just that would be helpful. >> All right. Thank you.

[36:25] » Next, >> Ross. Was the septic system evaluated

[36:30] between the two uh uses? >> Correct. Yep. With it in full use, we

[36:34] added 300 gallons to the system to check the system and it was operating

[36:38] properly. >> Thank you. Anyone else from the public,

[36:45] » Frank? >> Yeah, just uh I appreciate the the

[36:48] discussion on ADA compliance. Um and Ross mentioned architect. So, uh just to

[36:53] backtrack a little bit, you know, Uni Plank went into this building. It used

[36:57] to be the uh the school place European Outdoors uh without a permit through the

[37:02] building department attention. Uh they got their approved site plan. They

[37:06] applied for a permit but uh everything kind of got [clears throat]

[37:10] the CDA [snorts] extreme came. I couldn't finalize the review for the

[37:14] permit for the Munich plank because it got a little complicated with the mixes

[37:20] firewall ADA things like that. So they they are aware they need to apply

[37:26] for a permit. They don't even have an application yet for the CDA. So an

[37:30] application comes in. I don't know if they're going to use the same people as

[37:33] UniFlank for us. Uh if you could >> Unifi is the one that's going to handle

[37:37] » hand the application and the permits and all that. That's this was my job.

[37:41] » Yeah. Okay. Good. [laughter] >> That's your job.

[37:44] » I'm doing my job. He has to do his job now and get this building the way it's

[37:47] supposed to be. I I could uh you know um put a phone call in just to just to

[37:51] remind everybody they're expecting it. >> Yes. Okay. So

[37:53] » they asked me what the next step was and I said that they're with you.

[37:56] » Yeah. So they should they should start submitting uh you know drawings for the

[37:59] inside. How are we going to get it to comply specifically the ADA concerns?

[38:03] » I would like to be kept in the loop if you don't mind just because I want to

[38:06] know what's happening. But >> yes, you should speak to the owner and

[38:09] their design team. >> Yes.

[38:10] » Okay. >> And um a lot of these questions will be

[38:13] answered. Right. It's uh guidelines like the ICC 117.1 that's standards for

[38:19] accessibility and usable buildings and facilities. All that stuff is we talked

[38:23] about is in that guideline. Uh chapter 11 I believe of the building code is

[38:28] talks about accessibility. Uh so the plans have to reflect all that. All the

[38:32] applicable sections permit will eventually be issued. Certificate of

[38:36] occupancy will eventually be issued and this this is like standard but we we got

[38:40] to take it one step at a time. That's

[38:44] » Can you um describe what's the inside of the unit?

[38:48] » I I can't answer that. I have not been in that building in quite some time. So,

[38:53] I don't know what's going on in there. It's like Ross said, you know, so the

[38:57] design team will have to put it on paper, issue the permit, we'll do the

[39:01] inspections accordingly. >> Yeah. All right. Yeah.

[39:05] Yeah. Uh, obviously you've got a lot of work to do with Frank and

[39:10] » I I I didn't mean to suggest that that what we're talking about should be the

[39:14] end of it. Like if if this route is through an industrial facility,

[39:19] » like that probably doesn't work for building.

[39:22] » There's codes for that. Yes. >> But we need that. We knew that Frank has

[39:25] to come in and that line I've also made him very aware that Frank still has to

[39:28] come in and make the final approvals on building itself.

[39:32] » What could be the maximum number of uh cage, coach chiefs, administrative

[39:39] people on site at any one time >> on my side only.

[39:44] » And your project >> 50

[39:47] » 50 >> that's what we've calculated for the

[39:49] season. So I did my teams I added my teams together and I had my coaches

[39:51] together and we're up to max it's technically 40

[39:59] Neil mentioned that um some of the parking is going to be in the front of

[40:02] the building. Um you guys think about possibly putting a park walkway to the

[40:08] back to your entrance from the front. >> So, I did not because we don't have them

[40:12] walk I would don't want them walking from the back to the front. If we don't

[40:14] need them to have them walking from the back to the front if we were to expand

[40:17] and that parking lot turns into an actual drop off that they have to walk

[40:21] from the back to the front, then yes, I will talk to the landlord about putting

[40:24] in a walkway. But at this point in time, the parking in the back really is

[40:27] sufficient enough. It's never It's full, yes, but it's sufficient enough that

[40:31] everybody gets a parking spot. They can do what they have to do. do they bring

[40:34] their kids and they come out. It still works. Now, say we grow, right? That's

[40:39] the point of a business. Hopefully, we do grow and if that turns into we're no

[40:43] longer using it as an overflow parking and just a drop off, then that would be

[40:46] a discussion. And if you want to add that somewhere that if we do grow and we

[40:50] still have people walking that we add that in, I will speak to him about doing

[40:52] that. >> There probably going to be employees

[40:55] that walk them, right? >> No, they park. We don't have many

[40:58] employees. There's eight of us total, >> right? But

[41:02] do the employees park in the Is there a lot in the back?

[41:04] » Yeah, they park in the back of the >> lot.

[41:12] I would like to see some kind of walk. They're not walking.

[41:22] Other comments.

[41:27] Anyone else from the public wish to speak?

[41:31] Not. Can I have a motion then to close the public hearing?

[41:35] » Second by second bill. All in favor say I.

[41:42] » Hearing is

[41:47] next.

[41:51] » Yes. Based on the comments today, we can revise the resolution and circulate

[42:01] Can Can we go through it tonight? Approve it with those

[42:05] » I would suggest you do that so the opportunity to come back.

[42:08] » Right. Yes. >> And then we'll just add those additional

[42:10] comments that were spoken on tonight as additional specific details.

[42:15] » Correct. >> So [clears throat] if you could just go

[42:17] through that with us

[42:22] the draft as it is now. >> Yes, please. [cough and clears throat]

[42:28] If I may first line before you go beyond that,

[42:34] it should apply to CDA training center on behalf of 2596

[42:42] and their respective success successes in science.

[42:55] » [snorts]

[42:59] » you in the banner. Was it the banner or the first line of the narrative?

[43:02] » That's on the application. So, sorry. Okay. The narrative. Okay.

[43:25] Um, Mr. Chairman, what would you like me to do to read the just to go through

[43:30] what I'm finding >> the specific conditions?

[43:33] » Yeah, we we have to uh Well, obviously the public hearing is closed that that

[43:36] bold disappears, but the specific conditions.

[43:45] Okay, specific conditions. Number one, Prior to signing of the

[43:50] plans, the applicant shall a comply with the memorandum of the town engineer

[43:55] dated July 10th, 2026 to the satisfaction of the town engineer.

[44:03] B. Revise the hours of operations listed on the plan to comply with the narrative

[44:08] report. C. Revise the plan to include

[44:12] information on the proposed modifications to the existing monument

[44:17] sign.

[44:20] D is the one we spoke about as far as a little bit more permanent monies to

[44:26] prevent uh access if there were access on the subject. Is that fold clean?

[44:34] » Yep. Yes. Uh, two, prior to issuance of a

[44:40] certificate of occupancy, the applicant shall a verify with the building

[44:46] inspector that the ADA accessible route complies with the New York State

[44:50] existing building code. If it is determined by the building inspector

[44:55] that a ramp or other feature is required for ADA access, these features shall be

[45:01] installed prior to issuance of the certificate by concealment.

[45:07] B. Install striping and directional signage associated with the student drop

[45:13] off and parking to the satisfaction of the building inspector.

[45:19] C. Install striping and signage. Example, no parking any time

[45:26] along one, the driveway accessing the rear parking lot and two, the paved

[45:33] drive along the rear of the site to the satisfaction of the building inspector.

[45:40] D, remove the existing storage container located adjacent to the rear parking

[45:45] area. E. Verify the building inspector that

[45:49] the restroom facilities associated with the proposed recreational business

[45:55] comply with the New York State existing building code.

[46:00] F. Verify with the building inspector that the existing lighting complies with

[46:05] the town code. G. Submit to the building department

[46:10] confirmation of approval from the New York State Department of Health for

[46:15] proposed uses of public water supply.

[46:21] » You were getting

[46:27] » Yeah, I had suggested that Mr. Ch. So, this plan actually shows the

[46:30] landscaping. It's consistent with the plan that was approved by Unifi, but

[46:34] last time I checked the site, the landscaping wasn't in. So, I didn't know

[46:37] if this board wanted to make this a condition of this action. Uh, just to

[46:40] ensure that that landscaping gets in because I was unaware until that plan

[46:45] was. >> So, the landscape that's required to put

[46:49] that back on your land, correct? >> That's back on my

[46:51] » Yeah. >> So, if you could tell him that was on

[46:53] his original plan and that'd be great. >> Yeah. He knows it's on his original plan

[46:58] and you can just reference. No, I don't even think you need to reference it. I

[47:01] think we can remove it as long okay with that and then the landscape wouldn't be

[47:04] under the last year. >> Okay, that works.

[47:09] » Did we have one? >> Gio and I both had similar sort of legal

[47:14] requests which was one that the applicant has to return to the board if

[47:19] they lose access to the front ADA access. Uh and I think Gio suggested

[47:25] that the additions the amendments to the lease will be sent to the town.

[47:32] » So can we do that after Frank approves it? So once Frank the Frank says no then

[47:36] that's a mute point. So once Frank approves it then I will amend the lease

[47:39] and send that in. Does that sound okay? >> Prior to CO.

[47:43] » Yes. Prior to the CO. >> Yes. provide a copy

[47:48] » because me to amend the me amending the lease and then he doesn't approve it

[47:51] makes no sense. If he says I need to do something else, then the lander is going

[47:54] to have to do something else. >> I think that I think that would come to

[47:58] light upon the issuance of a permit, right? So the design team, the architect

[48:02] has to propose what's going what's to be built. I have to approve it.

[48:05] » So if you approve it and you say it's okay, then I'll put it in amendment that

[48:08] if we ever lose access to it because the [snorts] tenant changes it for whatever

[48:11] reason that we will

[48:17] » [clears throat] >> Did we miss any conditions that we

[48:20] spoke? >> I think we had talked about a detailed

[48:24] dismissal procedure to be written should be satisfactory to council and to

[48:31] buildings. I missed part

[48:35] » a detailed dismissal procedure >> satisfactory to council or to building

[48:42] inspector and

[48:46] I think we also said that >> be no competition

[48:49] » there was a staggered uh and supervised >> right

[48:53] » right >> and we we did say that there there would

[48:58] be practices but no competitions >> at the facility

[49:03] » just to go back when you talked about the detailed dismissal procedure. Is

[49:07] that dismissal arrival procedure?

[49:11] » SL.

[49:15] It's a safety issue. >> Absolutely.

[49:18] » So the dismissal is really falling in in line with like means of egress which the

[49:22] architect will show the egress path. >> Well, it's it's that but also that

[49:26] there's supervision when they actually leave the facility on the way to the

[49:30] vehicles. >> So, okay. So maybe a submission of of

[49:34] policy and procedures on that. >> I'm just going to expand on the

[49:36] narrative. I did a what we did with the little ones. I'll just do what we do

[49:38] with the older ones. [laughter] >> Just [clears throat] a narrative of of

[49:41] some type to >> easy.

[49:44] » So I just want to make sure of time. So that requirement since it includes the

[49:49] architect, I would recommend it be condition. Is that acceptable? This

[49:54] dismissal plan be prior to CO? >> Yeah, that would make sense.

[49:57] » Who am I submitting it to? Who would like to receive that? I would submit

[50:01] everything to the building department. Okay.

[50:02] » And then distribute it to whoever needs to be.

[50:05] » All right. Thank you. >> Any other issues

[50:11] regarding the resolution? >> We want to put a cap or maximum cap of

[50:17] attendees, participants, uh staff,

[50:24] yeah, whatever the numbers. >> So, so again, that would be uh as part

[50:27] of the uh code, right? number of occupants.

[50:30] » The architect will determine the size of the space. Okay.

[50:33] » The use and uh that'll determine the number of occupants.

[50:37] » It's the space and also the facilities, water and sewage.

[50:40] » Water and sewage >> towards being able to meet that number.

[50:43] » Okay. >> Any other concerns?

[50:48] No. If not, then could I have a motion to approve the resolution of conditional

[50:52] approval of rent site plan expression permit for CBA extreme training center

[50:57] otherwise known as two 2596 go LLC as modified this evening.

[51:05] » I'll make the motion. >> Marty second by seconded.

[51:09] » G all in favor say I. >> I against.

[51:13] » Thank you. >> Thank you so much.

[51:15] » Thank you. Have a good night. >> You too.

[51:18] Good luck. >> Thank you.

[51:40] Next item on the agenda is a von Pence subdivision 4-1-18.

[51:45] an application for small-scale subdivision and site plan approval

[51:49] consisting of two residential lots on 7.4 plus or minus acres along Hasbrook

[51:54] Road. Are you zoned with AQ6 and Scenic Road quarter overlays? And again, we're

[51:59] here tonight for a public hearing.

[52:04] » Welcome. >> Good evening. [clears throat] I'm uh Jim

[52:08] Dylan and I'm are representing the Von Pence subdivision.

[52:13] uh for the public's uh that's here. It is a [clears throat] 7.4 acre parcel.

[52:19] We're proposing to do a smallcale development.

[52:23] Uh there's one existing home on lot number one which is a single family

[52:29] residential home and we're proposing to do a new lot which is two little over

[52:35] two acres which is lot number two um which would have a single family

[52:41] home. Uh we're proposing to put a new well and septic in. We've done uh well

[52:47] tests according to the small scale development

[52:51] where being in the AQ6 we're not supplying the six acres. We're

[52:57] supplying two acres which is required which we're allowed to do if we do well

[53:02] testing. Uh we're going to have a driveway out onto uh Asvic Road. Uh

[53:08] we're going to be dedicating property along the entire roadway.

[53:12] » Offering for dedication >> offer offer offering for dedication. Uh

[53:17] a 25 ft strip from the center line of the road. Um and that's basically the

[53:24] application. It's very simple application. It's a subdivision to

[53:27] create one more new building. >> The uh driveway access been reviewed by

[53:32] the town. They they they've given them a permit to

[53:37] put the driveway in already. Sean has some questions [snorts] that we're going

[53:41] to address. I think that's in the uh which we're going to be able to address.

[53:46] The driveway is actually been put in. They had to drill the well access

[53:52] » and uh that's all set.

[53:58] » Sure. >> So, Mr. Chairman, this is an application

[54:00] for subdivision as well as site plan because uh the application was in

[54:04] corridor. Uh you had reviewed this at your um August 6 meeting. At that time

[54:11] you adopted part two scheduations

[54:17] from Frank relative to the storage uh building and the driveway setbacking

[54:26] issues. Um so again this is listed this evening for public hearing. However

[54:31] since it's a subdivision [clears throat] if you need to act on the negative

[54:34] declaration

[54:40] everyone's got the for them had an opportunity to look at it. Any

[54:47] comments?

[54:58] See going >> nothing.

[55:00] » Bill, >> nothing.

[55:03] » No comments. >> No comments. Okay. Okay. I have a motion

[55:06] and to approve the NE deck as prepared. >> So moved.

[55:10] » Gio second by >> second.

[55:13] » Bill. All in favor say I. >> I.

[55:17] » Okay.

[55:24] Do we have anyone from the public here for this application?

[55:28] » Neil

[55:31] pass. [laughter] >> Thank you.

[55:34] » Nobody from the public. Okay. Well, I'll open up the public hearing in any event.

[55:40] Can I have a motion? >> Eric. Second by

[55:44] » Seconded. >> Who is that?

[55:49] » Okay. Second by Marty. [snorts] All in favor say I.

[55:52] » I. >> I.

[55:53] » Opposed. Public hearing is open. Any comments from the board?

[56:03] » No. >> Last chance for the public.

[56:07] I have a motion then to close the public hearing.

[56:11] So move.

[56:14] » Second by Bill. All in favor say I. I.

[56:21] Public hearing is closed. We have a draft resolution before us.

[56:26] We should go through that as well.

[56:34] You're up. >> Okay. Any draft resolution before you?

[56:40] The specific conditions. >> Before we get to the specific

[56:42] conditions, I just had one item I wanted to add to it on the identification

[56:46] plans.

[56:50] The short form EAF part two wasn't listed.

[56:56] [snorts] It was dated July 31st of this year.

[57:05] July 31st this year.

[57:08] » Yes. July 31st.

[57:12] » Question. The dedication of the 25 foot long road.

[57:16] » Yes. What made you do that? Why do you build?

[57:20] » Well, it's a Yeah, standard procedure. Otherwise, we'd own out into the middle

[57:24] of the road. Uh you you actually the town automatically

[57:29] already has not a fee taken, but they have a right away to use it anyway. Uh

[57:35] by state law, >> because you right,

[57:37] » right? We own that.

[57:42] So instead of having it right away, you have

[57:45] to do that same kind of successes and after the

[57:53] both tells us and their successes and after the

[58:07] Any

[58:16] findings, Mr. Chairman?

[58:22] » Findings. Planning board has determined that approval of this minor subdivision

[58:27] and site plan will protect and promote public health, safety, comfort,

[58:32] convenience. >> Oh, you don't have to read that part.

[58:34] That's what we're just just the bold. The

[58:40] the planning board further finds in accordance with the requirements for the

[58:44] scenic road corridor overlay district that this project will not result in the

[58:49] degragation of scenic character. It will aesthetically will be aesthetically

[58:55] compatible with its surroundings. It will minimize the removal of native

[59:00] vegetation except where such removal may be necessary to open up scenic views and

[59:06] panoramas and will locate and cluster buildings

[59:10] and other structures in a manner that minimizes their visibility from the road

[59:16] to the extent practical. that that paragraph when we say that we're uh

[59:20] accepting a removal maybe yesterday for scenic views and backgrounds should we

[59:24] also include in there to maintain sight distances in the driveway is that

[59:28] something >> I think it would be appropriate because

[59:32] in this instance yeah

[59:36] » okay

[59:50] The planning board further finds that the project presents a proper case for

[59:55] requiring a park or parks suitably located for playgrounds or other

[1:00:01] recreational purposes. But suitable suitable parks for rec recreation areas

[1:00:07] of adequate size to meet this requirement cannot be properly located

[1:00:12] on the site requiring a [snorts] payment of a parkland fee to be determined by

[1:00:18] the town board in li of providing such parkland.

[1:00:24] Pursuant to code section 83-9B,

[1:00:29] the planning board has waved the requirement to plant street trees along

[1:00:34] New York State Route 207. Such trees are unnecessary as the area

[1:00:41] is wooded and the existing vegetation is to be retained.

[1:00:52] » [snorts]

[1:01:08] » Welcome to specific conditions, please.

[1:01:16] Number one, prior to signing of the plat by the chairman, the applicant shall a

[1:01:23] revise the plans to include a calculation of the impervious surface

[1:01:27] coverage, noting the code requires imperous surface coverage to be

[1:01:33] calculated after wetlands and flood planes are deducted from the gross area.

[1:01:40] Pursuant to code section 8322B 2Q

[1:01:47] B. Revise the plat in accordance with the July 31st,

[1:01:51] 2026 memorandum of the town engineer to the satisfaction of the town engineer.

[1:01:58] C. provide confirmation from the building inspector that the large

[1:02:03] structure adjacent to the southerntherly lot line of lot number one labeled

[1:02:10] storage building is not being used for residential purposes.

[1:02:15] Before any residential occupancy of the building, the applicant must return to

[1:02:20] the town for additional approvals. Was >> that town planning board?

[1:02:25] » Yeah. to the town who

[1:02:30] should be returned to the town board for its consideration

[1:02:35] of

[1:02:45] D. Confirm to the satisfaction of the town engineer that

[1:02:52] ash to stopping site distance and intersection

[1:02:57] site distance requirements are satisfied in both east and west directions and

[1:03:03] revised the plan showing the clearance of existing vegetation along the site

[1:03:09] line to the west prior to the issuance of a certificate

[1:03:14] of occupancy. The applicant shall confirm the site distances after

[1:03:19] vegetation clearing.

[1:03:24] E. Provide an offer of dedication for the 0.62 acre parcel along the

[1:03:32] southerntherly side of Hazbrook Road to the town for highway purposes and

[1:03:38] revised the plat to show the same. Such dedication documents shall be in a form

[1:03:45] acceptable to the town attorney.

[1:03:50] Two, could I'm sorry, could I raise a question?

[1:03:53] » Sure. Uh some of these requirements that we're talking about are going to be

[1:04:00] after the planning of the chairman's housing

[1:04:08] like prior to the issuance of a certificate of occupy the applicant

[1:04:14] shall confirm site distance and vegetation clearing.

[1:04:18] We're not going to do any of that until we get an approved site plan

[1:04:26] and we file a map and we do do all the things. That's something when we start

[1:04:30] construction that we'll do. >> We're not going to clear that first.

[1:04:35] » That's why it says >> that's why I'm CO.

[1:04:38] » That's a CO >> certificate of occupancy. So that's

[1:04:42] after everything's done. The house is built.

[1:04:43] » Well, this is listed as before you sign the back. Yes,

[1:04:47] » I thought I thought start >> it is but it saves having another

[1:04:50] condition. It's just it's like a compound condition. You have one part to

[1:04:54] do before getting that sign and then you have to do the second part before

[1:04:57] getting >> okay but it's just listed as before

[1:05:01] signing the first statement is >> would you feel more comfortable we added

[1:05:05] another condition? >> No, I just maybe put it in under general

[1:05:11] conditions. >> No, okay.

[1:05:13] » It's not a general condition for this application.

[1:05:16] » Okay. We can add it as a different condition

[1:05:19] if it causes some confusion. >> I I I know we have to do it, but it

[1:05:24] seems like it's we it seems like we have to do it before we sign

[1:05:30] like to just add it later, [cough] you know, break it apart.

[1:05:43] » Putting that 17

[1:05:56] going back to the app

[1:06:00] form is acceptable attorney.

[1:06:09] I look back at some past that last three or four times. Okay.

[1:06:15] » [clears throat]

[1:06:18] » Okay. [snorts] Number two, prior to issuance of a building permit, the

[1:06:23] applicant shall demonstrate to the satisfaction of the building inspector

[1:06:27] that the plan will comply with landscaping, architecture, and fencing

[1:06:32] requirements of code sections 97-29 GH and I.

[1:06:41] Three, prior to the issuance of a certificate of occupancy, the applicant

[1:06:46] shall chlorinate the lot number two water supply well and provide a negative

[1:06:53] total colifform laboratory test to the building department.

[1:07:01] Four, prior to any site disturbance, the limits of clearing and disturbance shall

[1:07:08] be shown on the plan and shall be identified in the field with appropriate

[1:07:13] signage, flagging, and/or fencing that is posted conspicuously on the site to

[1:07:20] the satisfaction of the building inspector.

[1:07:25] Five, prior to the issuance of a building permit, the shed labeled shed

[1:07:32] to be relocated shall be relocated so that it is not

[1:07:37] within the required 30foot front yard setback pursuant to code section 974AF.

[1:07:47] Six, the installation of any on-site sewage disposal system shall be observed

[1:07:55] during construction by the town engineer if requested by the building inspector

[1:08:02] and then there will be a new sentence seven

[1:08:07] park. >> Is there anything that [cough]

[1:08:11] [clears throat] you need to add? >> No, it's pretty thorough. Thank you,

[1:08:15] » Mr. [snorts] Chairman. Any other concerns from the board?

[1:08:21] If not, then could I have a motion to approve the resolution of conditional

[1:08:25] preliminary and final approval minor subdivision and site plan for Rover and

[1:08:30] Theresa Von Pence, etc. Uh, as modified this even

[1:08:38] » bill second by Phil. All in favor say I.

[1:08:42] » I. >> Against.

[1:08:45] » Okay. Thank you very much.

[1:08:47] » Have a good night.

[1:09:11] Next item on the agenda is Marte Holdings Group LLC.

[1:09:26] Yeah,

[1:09:33] » you look at the wrong agenda. I'm sorry. [laughter]

[1:09:38] » Been a long night. Okay, >> then it's going to get long. [laughter]

[1:09:44] » Plans, Jim. >> Not anymore.

[1:09:47] » Next one on the agenda is IWS transportation. Ocean Transport Station

[1:09:51] upgrades 12-1-20, 21.21,

[1:09:56] and 21.22. Application for a site plan and special

[1:10:01] permit for modifications to an existing solid waste management facility on 7.3

[1:10:06] plus or minus acres along Hartley Road in Izzone and AQ6 overlay. And we're

[1:10:12] here tonight again for public hearing. First off, do we have anyone here for

[1:10:19] this public hearing? I see a couple hands up. Very good.

[1:10:23] Okay. So, if you could just give uh a brief description of what's

[1:10:29] » Yes. >> being proposed. Yes.

[1:10:31] » Yep. So, we're here to get reapproval um for a site plan to build a 9,345

[1:10:40] square foot addition to the existing transfer station building, a 430 foot um

[1:10:47] mechanical room, a 65,000galon water storage tank. Um,

[1:10:53] in in support of the uh existing transfer station operations, um, we

[1:10:59] recently received an ADB solid waste permit from the town board uh to accept

[1:11:04] up to 670 tons of MSW and CND. We're currently

[1:11:11] » no longer the recyclables. Correct. >> No longer recyclables. Correct. Yes. And

[1:11:14] we're before we're working with the DE New York State DEEC with that uh permit

[1:11:20] renewal/modification. Um and that's that's basically where

[1:11:25] we're at. Um they didn't have any comments. The DEC did not have any

[1:11:28] comments on our proposed um site plan and and modifications. Uh little

[1:11:35] technical details on the engineering report and um facility manual, just

[1:11:40] verbiage, whatnot. So >> yeah. Thank you.

[1:11:45] And and what you see here is what was approved back in February of 2024.

[1:11:57] » We we we received approval site plan

[1:12:02] approval and special permit approval from the planning board back in February

[1:12:06] of 2024. Okay. It expired. >> It expired.

[1:12:08] » So what you see here is what you approved back in February. just tweaked

[1:12:13] » minor minor minor little tweaks. Nothing. Yeah.

[1:12:17] » What what what did we end up coming up with with the height of the water tower?

[1:12:21] » It's 40 ft. >> It is 40 ft.

[1:12:25] » And that's what's on the on the on the plan right now as well.

[1:12:28] » Okay. [snorts]

[1:12:32] » 22. [clears throat]

[1:12:35] » So, Mr. Chairman, this is as the applicant indicated, it's a reapproved,

[1:12:38] right? So they were before you in 23 and 24 which culminated in site 10 special

[1:12:44] use permit approval on February 29th 2024. Um one of your conditions required

[1:12:50] them to go to the town and either obtain solid waste management permit or obtain

[1:12:54] confirmation from the town board it was required. Town board determined that it

[1:12:58] was required. They have since obtain that permit. Uh in the time that it took

[1:13:03] them to do that their site plan special permit uh extensions have been

[1:13:06] exhausted. So they are applying to do again essentially for the same

[1:13:10] application. There are some minor modifications made. Some of those

[1:13:14] modifications were requested by the town board. There's four storage added. The

[1:13:18] height of tank was changed location and was last discussed at your August 6

[1:13:24] meeting. >> And the 40 foot tower that falls within

[1:13:31] 45 ft. 45. Okay. [clears throat]

[1:13:37] Comments from the board.

[1:13:49] » Nothing. >> Nothing.

[1:13:52] » Okay. I will open up the meeting to the

[1:13:56] public. I'm a motion. I'll make

[1:14:01] » Marty second by

[1:14:06] » Eric. All in favor say I. >> I

[1:14:09] » against. >> Okay. Anyone from the public who wishes

[1:14:12] to speak, just raise your hand. We'll recognize you. If you could give us your

[1:14:16] name and your address and your concern, please

[1:14:32] chairman and members of the planning board.

[1:14:36] The purpose in submitting the following comments is to request that the planning

[1:14:41] board fully examine the existing and historical operations

[1:14:47] of the IWS transfer systems on Hartley Road.

[1:14:53] the properties being used in connection with those operations.

[1:14:58] The facilities documented, storm order history,

[1:15:04] the prior town approval

[1:15:09] and seeker findings and the relationship of all those

[1:15:14] matters to the application presently before the board.

[1:15:19] The documents discussed raise significant questions regarding

[1:15:24] the actual operation footprint of this facility.

[1:15:30] I respectfully ask the board to consider the following before granting the final

[1:15:37] approval or making a determination.

[1:15:42] This applicant should provide the complete prior planning board

[1:15:48] approval including the prior resolution,

[1:15:54] conditional approval, approved site plan and all conditions

[1:15:59] attached to that approval. If the present application

[1:16:05] is being treated as the modification, renewal, or continuation of a previously

[1:16:13] approved project, the planning board and the public should be able to make a

[1:16:20] direct comparison between what was previously approved and

[1:16:26] what is now proposed. such as

[1:16:32] the property previously approved, the previously approved operational

[1:16:38] footprint, the building location,

[1:16:41] truck circulation, trailer storage areas, parking,

[1:16:48] storm water facilities, leshaped control facilities,

[1:16:54] approved paved areas, and all conditions imposed. by the town.

[1:17:01] Without those documents, it is difficult for the public to determine exactly what

[1:17:09] has changed. [snorts] It is my understanding that the

[1:17:14] conditional site plan was approved by the planning board on February 29th,

[1:17:20] 2024. That plan should be made part of the

[1:17:25] current application record. The applicant should provide a side

[1:17:31] byside comparison between that conditional site plan and the present

[1:17:37] proposal showing all changes in parcel boundaries,

[1:17:42] acreage, building footprint, truck base, truck circulation,

[1:17:49] parking, trailer storage, snow storage, storm water facilities, leech

[1:17:55] facilities, and the use of the adjacent property.

[1:18:00] The applicant should identify parcel that is currently being used,

[1:18:06] proposed to be used, leased, controlled, or otherwise relied upon in

[1:18:14] connection with the transfer station operation.

[1:18:20] For each parcel, the applicant should identify tax map number, acreage, owner,

[1:18:29] IWS's legal right to use the property, existing use, proposed use,

[1:18:38] whether the parcel was included in a prior planning board approval, and

[1:18:43] whether it is included within the current solid waste permit,

[1:18:48] and whether It is included within the current storm water permit and swap.

[1:18:55] This information should be shown on one comprehensive map.

[1:19:01] [snorts] Next, I'd like to introduce Sue Cleaver

[1:19:05] and she will address her concerns on this application.

[1:19:08] » I would normally recognize Sue. [laughter]

[1:19:11] » That's my job. >> Okay.

[1:19:13] » Sue, would you like to step up and speak?

[1:19:24] Good evening. Is it okay if I approach the board to give you copies of a

[1:19:29] written from a protect concern resident's way of life? It's not for

[1:19:33] profit. >> I would say give it to the building

[1:19:36] department. They'll distribute it. >> Okay.

[1:19:38] » It's not it's not where we're going to be able to read it on the spot now

[1:19:41] anyway.

[1:19:49] Sorry.

[1:20:06] I tried to shorten the comments [clears throat]

[1:20:09] um were made in there because it's friendly. Um I have um I copied an

[1:20:16] email. I'd like to read part of it from DEEC and it says DEEC is aware that IWS

[1:20:23] ocean transfer station operations extend beyond the 95 partly road

[1:20:29] property. >> What when was this written? What's the

[1:20:31] date of the correspondence?

[1:20:40] » March 4th. >> Okay.

[1:20:43] um >> of this year.

[1:20:45] » Yes, that to me is um very troubling.

[1:20:50] Um there have been pictures of the property

[1:20:55] in the back and I believe and I think I've also submitted um complaints to the

[1:21:02] building inspector because of no cover over top of some of the trailers that

[1:21:08] are there. a property is not paved, it's dirt.

[1:21:14] And I'm going to explain to you why in just a minute.

[1:21:19] [clears throat]

[1:21:24] Um property behind besides and crosses

[1:21:28] street that is used for trucks, trailers, containers, equipment, snow

[1:21:34] access and other support supported activities should be disclosed and

[1:21:38] refused reviewed as part of the actual trans transfer station. Snow stores

[1:21:45] that's on the shown on the back property. If if snow from industrial

[1:21:50] site is stored on the joining or lease property, the board should know where it

[1:21:54] goes, where the meltaway drains to, and what

[1:21:59] controls prevent sediment and other pollutants from reaching groundwater or

[1:22:04] surface water or other people's property that might abut.

[1:22:09] Lease property. If the proposed operation depends on a le on lease land,

[1:22:14] the board should determine what happens if the lease ends and whether the

[1:22:18] facility could still operate under the approval being requested.

[1:22:25] » I'll turn the truck for a moment. They have to come before the town

[1:22:32] on an annual basis to renew the permit. >> There is a renewal solid waste

[1:22:36] management permit. I don't think five years. So if if the lease were to lapse

[1:22:41] on the adjacent property holders that are letting them use the property

[1:22:46] that has to be reviewed with any uh >> I would think so

[1:22:52] » renewal of their permit. >> It would make sense that the tempor part

[1:22:55] of the reissuance is >> so we would need to make sure that those

[1:23:00] properties are cited in the permit. >> Yes.

[1:23:04] » Okay. Um facility boundaries um applicant

[1:23:10] should clear thelyorally distinguish the per permitted facility, the IWS own

[1:23:15] land, the lease land, operational land, trailer and container areas, storm water

[1:23:20] areas, and any property claimed to be outside the application. Um your

[1:23:26] application went from, I believe, under three acres to over seven. Where's the

[1:23:32] rest of the property? You're saying that it's a very minor deal with

[1:23:37] modification, but it's more than doubled in size.

[1:23:40] » Where where did the seven come from? I saw that.

[1:23:42] » I don't know. >> It's on your It's on your

[1:23:44] » It's on your agenda. >> Yeah. And it's been on it

[1:23:47] » cuz cuz we're ending a quarter I think it was a quarter acre adjacent.

[1:23:51] » Yeah. >> But I didn't see any other lands. I

[1:23:53] don't know where the seven >> I don't know. I'm asking you and I'm

[1:23:57] asking >> that way. It's it's coming from the

[1:24:00] agenda. >> Yeah.

[1:24:01] » That number's coming from there. Okay, chairman. I I prepare the agendas for

[1:24:04] the town. I can tell you where that came from. Okay.

[1:24:06] » So, I copy and paste from previous uh agendas. So, I'm guessing that at one

[1:24:12] point in time, I'd have to look back at all the agendas that went on. At one

[1:24:16] point in time, that was the original by

[1:24:21] changed and I can change the agenda. So, that

[1:24:24] » So, it's not seven. >> No, no. I that that I think that that

[1:24:30] goes way back. We have three plus >> it's three acres but we do lease a small

[1:24:34] area from the from if you remember Mr. Chairman, when this was before you in

[1:24:40] 2023, the applicant was proposing school order on the subject,

[1:24:43] » right? >> We were

[1:24:45] so that's why >> I had just never updated the agenda.

[1:24:48] » Okay.

[1:24:52] » Go ahead, sir. >> Okay. Um, truck and trailer

[1:24:56] configuration. Um, when I pulled up the old map that

[1:25:01] you have online and what is online right now, it did not really match. The old

[1:25:06] maps had the trucks coming in from the backside going in. I think now you show

[1:25:12] two bays on the backside and six bays on where the current bays are where the

[1:25:17] trucks are supposed to pull in and back up. I don't really see what the

[1:25:21] difference is because that's a configuration almost of what you'll have

[1:25:25] right now except there are going to be more baits.

[1:25:29] Um the claimed environmental benefit, I just don't see what it's going to be. I

[1:25:35] really don't and I think this should be made clear. Um a complete storm water

[1:25:41] review if you're putting in the back piece even if it's a quarter acre and

[1:25:45] it's on dirt and you're going to have trailers like you've been having there

[1:25:49] that are uncovered which they're not supposed to be when they

[1:25:52] » but they're empty. They're empty. >> Some of the ones the photographs I have

[1:25:58] they're not empty and they didn't have a solid cover because you can see it had

[1:26:02] the netting on it. And I believe that's a violation of a

[1:26:07] permit. Um you should have the storm water should be reviewed to include if

[1:26:13] you are putting that back in which the town board has not approved.

[1:26:18] I think that um that has to be taken into account for [clears throat] all the

[1:26:23] calculations done for leech 8 everything else. You can't just add property and

[1:26:29] say haha doesn't matter. historical storm water exceedences and this is the

[1:26:34] part that I am very troubled about. The facility shows major past exceedences

[1:26:40] from outfall number 001 including um TSS which was over a,000 milligrams a liter

[1:26:48] against as stated 100 millgrams a liter iron 14,800

[1:26:55] UG a liter against a th00and lead 78.4 4 UG a liter against 69

[1:27:04] UG a liter. And there's [clears throat] photographs in the back of the packets I

[1:27:08] just gave you of this. The facility itself

[1:27:13] um they have a a report as part of the um [snorts]

[1:27:19] um permit they have. It's called a corrective action. They have

[1:27:24] exceedences. They have to fill out the correct correction corrective actions

[1:27:29] report. Um their report they say it on the truck traffic and the wheels from

[1:27:36] the leeching. What is this board doing about that?

[1:27:40] right now where where this this discharge goes over to Amy's.

[1:27:46] I know that it said something in the last resolution about plugging up the

[1:27:52] discharge pipes, which I really don't understand how you're going to plug them

[1:27:55] up, but you can't just discharge stuff like that onto somebody else's property.

[1:28:03] That's your responsible. I want to know what you're going to do

[1:28:06] about it. And the applicant says over and over and over again um on the

[1:28:13] correction action form, they blame it on the trucks and they're

[1:28:18] going to do better housekeeping. I mean, how many times can you do that?

[1:28:23] Is this is that okay with this board?

[1:28:29] Um [snorts] the other thing is um and I'm just going to I'm not going to go

[1:28:33] through all this. Um [clears throat] the when John Capella was here and the last

[1:28:40] finding statement that was done for a permit when I believe it switched over

[1:28:46] to IWS, it was agreed that they would uphold the approval for the permits and

[1:28:53] anything they signed it. If you need a copy of it, I have it. if they don't

[1:28:57] have it at the town board. Um their findings was there was going to

[1:29:03] be no trailers across the street. They were all going to Chester and they gave

[1:29:08] the reason why environmentally there wouldn't be any trailers between

[1:29:13] across the street and over and back. It's segmentation what you guys are

[1:29:18] doing. You approved your last approval was only and it was stated by Kelly

[1:29:25] Norton. It was only for the facility itself. It did not include the property

[1:29:30] in the back. So now you've got the property in the back and the property

[1:29:34] across. That's segmentation.

[1:29:39] Anyway, you'll see uh it's like a 30 page.

[1:29:43] It's a 30page letter because there's so many different issues on this. It it's

[1:29:49] just come on.

[1:29:53] » Anyway, thank you. >> Thanks, sir.

[1:29:58] Do we have anyone else that wishes to speak?

[1:30:03] [clears throat and cough] Good evening. My name is Chris Haley.

[1:30:06] I'm a resident of the town of Ocean. I also serve on the ERP and the ZVA boards

[1:30:10] here in the town. However, I speak this evening as a resident of the town. Uh my

[1:30:16] issue is I'd like to follow up on what Mrs. Clever said and uh although she has

[1:30:20] all the facts and figures, I'm just a bit more on the code. I think we have an

[1:30:24] administrative issue specifically town code 80-B-9

[1:30:28] sub paragraph B uh subar sub paragraph D. Uh this is limitation on town land

[1:30:33] area used for solid waste uh management. Uh I'll paraphrase it says that you

[1:30:39] can't have more than 300 acres in the town to be used for solid waste

[1:30:43] management. Uh it also includes it says including that on by the county of

[1:30:50] Orange. We're talking about the Orange County landfill. The Orange County

[1:30:52] landfill itself is 299 acres. This new agreement that I've seen from

[1:30:58] IWS in this iteration, I have now seen a lease agreement for a 3acre lot,

[1:31:04] SPL12-1-21.22.

[1:31:07] This is a 3acre lot that sits behind their current facility. It Mr. Chairman,

[1:31:12] I heard you say tonight that it's possibly a quarter acre edition.

[1:31:15] » Well, the quarter is the one that's northwest of the property where the snow

[1:31:19] pile was intended to go. Okay. Now, that that is the one and that is the one that

[1:31:24] says snow uh snow storage. That is uh 12122.22.

[1:31:30] Uh I've seen nowhere that it says quarter acre. I saw a dashed outline on

[1:31:35] a map, but to be clear, that is a 3 acre lot. And the lease states that they will

[1:31:40] lease a 3 acre lot. That's it. And that's what they legally have right to.

[1:31:45] In other words, that's a 3acre expansion. Also like to follow up on the

[1:31:50] previous speaker's comments that the property across the street 17 uh

[1:31:54] 12-1-17.32 is a 5 acre lot being used for trailer

[1:31:59] storage. And I understand where the applicant would say we're just storing

[1:32:02] our trailers there. But they're not just trailers. These are trailers used for

[1:32:06] municipal solid waste. I have said before that this business in particular

[1:32:11] is it's not it is not the applicant's fault that it's just a very dirty

[1:32:17] business. You can't help but to have leech. You just can't help it. Lobo,

[1:32:22] rollbacks, and open trailers are being stored on that lot. There is no way the

[1:32:27] applicant can hose these things out each time. So, they're going to remain dirty.

[1:32:32] They're going to have material in them. It is going to rain on these these

[1:32:36] vehicles. And that D8 goes into the ground. And it's all permeable surface.

[1:32:41] This is all going into our waterhed. And it is an environmentally sensitive area.

[1:32:47] I do not see how the board cannot consider that 5 acre lot part of this

[1:32:54] facility. Now, as Mrs. Clever said at one point, it was said that these

[1:32:57] vehicles would be stored in another town, making it another town's problem,

[1:33:01] but they're not. They're being stored in the town of Ocean, and that's the town

[1:33:04] of Ocean's problem. And that's a problem for me because I live here. Uh so when

[1:33:09] you talk about a 3 acre lease and a 5 acre lot being used across the street,

[1:33:14] we're talking about 8 acres of municipal solid waste waste use on what is already

[1:33:21] a 300 acre cap in the town of Ocean. As an administrative matter, I don't see

[1:33:26] how the board can approve anymore because we're capped. The Orange County

[1:33:30] landfill has us capped at 299 acres and that's by design. We designed this when

[1:33:35] we updated the plan back then. who didn't want more. If you want more, town

[1:33:40] board needs to change the law. By the way, tried that two years ago and it

[1:33:44] failed. I don't think it's going to pass today either. Um,

[1:33:48] I appreciate the board's time. Thank you very much.

[1:33:52] » Thank you. [cough]

[1:33:55] [clears throat] >> Neil,

[1:34:03] » thank you very much. I always like speaking nasty because then people think

[1:34:07] everything I had to say. So this really cuts it down. But for those of you who

[1:34:11] don't know the history way back when when when uh waste management owned

[1:34:16] actually prior to waste management northern recycling

[1:34:20] uh and then [music] uh we we at that point in time there was a gentleman who

[1:34:23] lived nearby Charlie Austin uh maybe somebody remember his name always

[1:34:28] complained about the garbage way over the fence and all the noises from the

[1:34:32] backup tables. At that point in time, waste manager came in and actually uh

[1:34:39] took over the property and that was when the first canopy over top first roof and

[1:34:44] the first walls around there ever came into play. It was actually the result of

[1:34:47] this planning order that happened. Uh that was not being proposed by anybody

[1:34:51] else in at the time. It was probably the first facility like that in at least

[1:34:55] region three. Uh since that time DC tried to claim it was their idea. Uh

[1:35:00] however, it really did come from here. uh and that's why we have these going

[1:35:04] inside like that. Now, um so what I did want to bring up though is that there

[1:35:11] there are some differences between what's being proposed tonight, what's

[1:35:13] being presented tonight and what was approved by you in 2024. And as as Sue

[1:35:19] said, uh certainly uh that even when there's a quarter acre or three acres

[1:35:23] behind the property, that was not part of the the proof that you gave then. nor

[1:35:28] was it consideration when the town gave their ADB uh permit. So that quarter

[1:35:33] acre or 3 acres whatever is behind there was not never part of that approval. Uh

[1:35:38] it's outside of that. Uh and and then you said something about

[1:35:43] the compact going coming in property. I'm not sure what that impact is what

[1:35:47] the difference is except that they're going in. Uh

[1:35:53] the one question uh one one issue kind of is there is on on the site plan uh

[1:35:59] I'm not sure it's just past there's a 24 uh inch cover going onto the Amy's

[1:36:04] kitchen property and there's a 36inch cover going onto the Altori property in

[1:36:08] opposite direction. Uh and at that point you're supposed to plug them up or

[1:36:12] whatever. If you have two storm water pipes that are that big, you have to

[1:36:17] really question where the storm water is now going, uh there is no additional

[1:36:22] storm water collection anywhere. Uh it's got to be it's not going down those

[1:36:27] pipes and going out the pipes. It's got to be going sheet flow off the property

[1:36:30] up to neighbors. Uh you just there's no containment there. There is a new

[1:36:34] containment for I believe that's being designed for the leech off the tipping

[1:36:38] floor and I think that that all that leech inside the building there is going

[1:36:42] to be collected in those tanks but those tanks are not sized nor is the

[1:36:46] infrastructure in there to collect all the the storm water that's landing on

[1:36:50] the pavements. Uh I think that's uh that really needs to be looked at because of

[1:36:55] the issue of if it goes off site, it's going into the ground water sooner or

[1:36:59] later. And ultimately uh there are at least and there's also fraction trace

[1:37:04] going down there and there are at least two municipalities that have uh drinking

[1:37:08] water down there. One of them being the town of Warfield. The other one being

[1:37:11] the Boj. Uh so whatever goes in the ground possibly end up showing up in the

[1:37:16] Boj water. Uh,

[1:37:22] and the other concern I still have is the driveway access or leaving the

[1:37:27] trucks leaving the property. Uh, we still are showing that you're going to

[1:37:31] have to go head on into the opposing traffic. Uh, and we we keep saying that

[1:37:37] we don't know how to do that. And and I'm I'm I'm old probably the oldest

[1:37:41] person in the room here. So I can tell you that I get a little bit panicky when

[1:37:44] I get down to Woodbury Commons and you take the exit there and you got to go

[1:37:47] over to Woodbury Commons and you're going across the bridge on the wrong

[1:37:50] side of the room. >> You don't like the pretzel.

[1:37:52] » It it is a weird situation. But I'm not so sure that you can't do something

[1:37:56] similar to that coming out of this facility. give her a pencil there or

[1:38:00] whatever else, but it's not going to be so freaky because the people going in

[1:38:03] and out using that pretzel are going to be the the drivers for IWS and the

[1:38:06] people who use that facility regularly. Uh I always succeed in getting through.

[1:38:10] I haven't had an accident yet that pretzel, but it always wow this is

[1:38:13] weird. Okay, but I think I think a better use or better design could be

[1:38:18] made for that driving coming out. So you don't have people coming head on into

[1:38:22] the incoming traffic. And I think there's s significant thing that we have

[1:38:27] had we have developed three properties along there. Uh TAM uh Higgby and the

[1:38:33] one across the street uh is now on time disposal I think it's called. Uh so

[1:38:37] those three have been added. Plus we also have a parking up area down there

[1:38:41] for the Heritage Trail. Uh, and since we went ahead and paved that road used to

[1:38:47] be really terrible, but since we went ahead and paved it, we have a lot more

[1:38:50] traffic going through there because it's not like going down a dirt road and

[1:38:54] banging your car. So, there's a lot more traffic going through there on a regular

[1:38:57] basis. It's getting more and more of an issue. Uh, the amount of traffic going

[1:39:02] there, it's going to get even more so when we develop everything along 17mm

[1:39:06] and 17mm, people are looking for ways to get around 17M. Now during the day you

[1:39:10] can back up uh a/4 mile to a half mile sometimes. I know I've gone through

[1:39:15] there and I've gotten just under 17 you start to hit the road traffic all the

[1:39:19] way through. Uh now uh what I'd like to do is speak

[1:39:23] on behalf of the of the PRV for a couple of uh items. uh the parcel used for self

[1:39:30] storage disregarding [clears throat] disregarding whether or not it's allowed

[1:39:34] to be added to it whatever the RB is not making any kind of legal legal judgment

[1:39:39] anything else but disregarding that and then assuming it was allowed to be added

[1:39:43] I think there was a big concern about whether or not or how that parcel could

[1:39:47] be used and whether or not it should be lined if you pushing snow off the uh

[1:39:53] black top uh it's going to have salt in it possibly is going to have whatever's

[1:39:57] on the property from the leech a from the from the trucks. It's going to be

[1:40:01] there and you're going to be pushing it off onto there right now. If all you're

[1:40:04] doing is pushing off on the dirt, it's going to go in it's going to melt. It's

[1:40:07] going to go into the ground. Uh we have trouble in one part of town right now

[1:40:11] from salt uh already. We don't need to have that added there.

[1:40:17] They the there are two contamination that's all coming off

[1:40:22] site on the less and coming off the vehicles. uh that is in a report that

[1:40:27] they the applicant saying one of the big concerns is that the dirty uh tires are

[1:40:32] doing it. I don't have any experience with carbon trucks like that but I do

[1:40:35] know that I have experience on on construction sites where what they do is

[1:40:39] they have tire washes. You either drive drive through a tire washer or at

[1:40:43] Legoland they used to just hose them down every truck going off the slate. uh

[1:40:47] something like that may need to come into play because if you go past the

[1:40:51] front of that bu that facility sometimes you can see a trail there and I don't

[1:40:56] think it's grease I think it's whatever else but you can see where they're

[1:40:58] coming out where they where they're traveling

[1:41:02] uh and there is also a requirement in our

[1:41:07] code and it's also in in the DEC's code that all solid waste facilities

[1:41:12] including transportations have to be fully enclosed with fencing

[1:41:16] Uh if this part in the back, this quarter [clears throat] acre wood, third

[1:41:20] acre or 33 acres back there is not part of this facility, the fence should be

[1:41:25] moved up to the property line and to eliminate anything off the back. I know

[1:41:29] it's not this, but I I think from the past uh back when it was [snorts] this

[1:41:36] part of the landfill, there actually used to be a gate back there so people

[1:41:39] could take the garish through there on the off hours so they could get back to

[1:41:43] the landfill. uh we we are not in that situation now but that's the reason why

[1:41:47] the race essentially right thank you very much

[1:41:50] » thanks [snorts] >> anyone else from the public wish to

[1:41:54] speak

[1:42:01] » um you can either adjourn public hearing if you need additional comments can

[1:42:07] close public hearing you can discuss the application it's really how we want to

[1:42:11] process the application >> can we close it and have a window for

[1:42:15] written comments to be submitted such quickly push.

[1:42:17] » Yes, that reason

[1:42:23] I really think that would be very reasonable.

[1:42:29] » Yes. >> So then we would need a motion to close

[1:42:34] the public hearing and allow what 10 days.

[1:42:41] » Yeah. Let me give you So today's 20th day Sunday morning goes

[1:42:48] to business on the 31st.

[1:42:58] Could I have a motion then to close the public hearing now [snorts] and allow

[1:43:03] for written comments to be submitted to the town building department by close of

[1:43:08] business on August 31st? I'll make the motion

[1:43:14] » Marty second by second [clears throat] >> Eric. All in favor say I.

[1:43:18] » I >> against. [cough]

[1:43:22] » Well, I want to thank everyone in the public for your comments and if you come

[1:43:26] up with anything additional that wasn't raised this evening, pass them on to the

[1:43:31] building department and they will be shared with us.

[1:43:34] » Thank you. >> Thank you.

[1:43:38] » I will be right back. >> Right.

[1:43:43] » [cough]

[1:44:01] » our opportunity.

[1:44:06] » Let's do it.

[1:44:20] resolution 200

[1:44:38] approval.

[1:44:40] » [laughter] >> to do it.

[1:44:57] » She has

[1:45:02] There was a group

[1:45:13] later on.

[1:45:24] [snorts]

[1:45:26] That's what

[1:45:42] Sorry for that. Next item on the agenda is Mark Tay Holding Group LLC 15-1-71.4

[1:45:53] application for clearing and grading permit for three single family dwellings

[1:45:56] on 9.854 854 plus or minus acres on reservoir road and lower reservoir road

[1:46:02] in RU zone with AQ3 and street quarter and reservoir wershed overlays.

[1:46:09] And we have before us a conditional resolution to consider this.

[1:46:23] We have the map up on the wall. This is what's being proposed. You just want to

[1:46:27] give a brief summary. [snorts]

[1:46:31] » Yeah. Um >> make it clear what we're actually

[1:46:34] looking at. >> Yeah. This is the same plan we had last

[1:46:37] time. This is a 0.9 acres of disturbance upgrading and clearing. It's just to

[1:46:43] allow access to the site for the well driller to be able to

[1:46:48] install the new well so we can obtain the Orange County Health Department

[1:46:52] approval required for us as a commission of the

[1:46:56] additional approval we have for [snorts]

[1:47:01] um so that's just what we're seeking at this time just

[1:47:05] » just a clearing thank you

[1:47:15] I want to start by pointing out that this resolution has successors on this

[1:47:22] at that time um specific specific conditions.

[1:47:28] Number one, per section 5311 of the town code, site preparation activities shall

[1:47:35] be conducted only between the hours of 7:30 a.m. and 700 p.m. when within 1500

[1:47:43] ft of any residents. No site preparation activity shall be

[1:47:49] conducted on Sundays or public holidays. >> Just a quick question. If you write

[1:47:55] above resolution of [clears throat] approval, it says the

[1:48:00] finding board clarifies that the application materials or information

[1:48:04] required [clears throat]

[1:48:07] by chapter 53 the time code but not listed above or contain within

[1:48:14] those materials for the reference of those materials.

[1:48:20] » Which materials? >> I I can answer that. Um so that that is

[1:48:24] some general condition but that is typically in most of your clearing fund

[1:48:27] grading applications. This is a this is a permit. This is [clears throat] site.

[1:48:31] This is a permit and the code has very specific items that need to be

[1:48:34] submitted. In some instances they may not be

[1:48:39] [snorts] either appropriate or applicable. So for example I don't

[1:48:42] necessarily know what your code does but a lot of groups will say they want the

[1:48:46] phone numbers of the adjoining property owner. You know that's not really

[1:48:49] applicable. So what this does is this says anything that they haven't

[1:48:52] provided.

[1:48:57] » I'm just like those listed materials listed where

[1:49:01] » listed in chapter 23 of the code. >> Okay.

[1:49:08] [snorts] You may proceed with

[1:49:13] number two. Per section 53-11B of the town code, the applicant shall be

[1:49:21] required to submit all contracts to perform clearing and grading activities

[1:49:26] to the town attorney prior to the issuance of a clearing and grading

[1:49:31] permit. >> [snorts]

[1:49:34] » Number three, prior to issuance of a clearing and grading permit by the

[1:49:38] building inspector, the applicant shall comply with the memorandum of the town

[1:49:43] engineer dated July 30th, 2026 to the satisfaction of the town

[1:49:49] engineer. Four, the applicant has indicated the

[1:49:54] net volume of soil to be 2,97

[1:50:00] yards. cute years of cut.

[1:50:06] The clearing and grading plan drawing number G1

[1:50:11] shows an approximate 45 ftx 25 ft top soil stock pile.

[1:50:18] It probably should say 45 diameter 25.

[1:50:24] [cough and clears throat]

[1:50:31] » Prior [snorts] to the issuance of a clearing and grading permit by the

[1:50:34] building inspector, the applicant shall revise the plan to the satisfaction of

[1:50:38] the town engineer showing how the excess soil will be stockpiled on site. If it

[1:50:46] is determined that the limits of the disturbance shown on the plan need to be

[1:50:50] expanded to accommodate the excess soil, the applicant shall return to the

[1:50:56] planning board for additional review. Five. After approval of a clearing and

[1:51:03] grading application, but before issuance of any permit, the

[1:51:08] applicant is required to file with the town clerk a performance guarantee in

[1:51:14] the amount of $74,785.

[1:51:20] Per section 53-12A of the town code, the guarantee is

[1:51:26] required to be either a certified check or letter of credit and the form must be

[1:51:32] approved by the town attorney. [snorts]

[1:51:36] Six. Prior to issuance of a clearing and grading permit by the building

[1:51:40] inspector, the applicant shall identify the limits of clearing clearing and

[1:51:46] disturbance as shown on the plans in the field with appropriate signage,

[1:51:52] flagging, andor fencing to the satisfaction of the building inspector.

[1:51:59] Seven, prior to the issuance of a clearing and grading permit by the

[1:52:04] building inspector, the applicant shall provide the building department with

[1:52:09] documentation regarding permit status with the New York State [snorts]

[1:52:14] Department of Environmental Conservation.

[1:52:19] Eight, prior to issuance of a clearing and grading permit by the building

[1:52:22] inspector, the applicant shall provide a fully executed indemnification and hold

[1:52:29] armless agreement to the satisfaction of the planning board attorney.

[1:52:36] » Question. >> So why is it the planning board

[1:52:38] attorney? >> That's how it's been in the past

[1:52:43] with prior practice >> in connection with uh clearing and

[1:52:48] grading permits. Do we have situations where herbicides

[1:52:55] are used? And I bring that up because we are fairly close to the reservoir.

[1:53:01] » Uh to my to my knowledge I never in a crossbowides

[1:53:06] used basically machinery.

[1:53:12] » You don't think it's >> I would I would if you want it as a

[1:53:17] condition just to back it up. >> It had a number n.

[1:53:25] Yes, we do have it on the actual site pesticides, herbicides, fertilizers and

[1:53:30] other chemicals on the site. I was concerned with [snorts] the project

[1:53:37] that >> was a water.

[1:53:44] » Okay. [snorts]

[1:53:47] » Other comments, considerations for this resolution?

[1:53:52] » Not. Could I have a motion then? [cough] Just a quick clarification.

[1:53:58] » Um what what will be the eventual access point for the uh houses there?

[1:54:05] » Uh lower reservoir road. >> It will be lower.

[1:54:08] » Yeah, it's currently up to the to the property line. There is already that uh

[1:54:14] cur cut in gravel. There's a cover pipe as well.

[1:54:19] » Okay. So no access off reservoir. >> No. No.

[1:54:23] » Okay. Yeah. Thank you. >> Any other comments, concerns?

[1:54:30] If not, could I have a motion then to approve the resolution of conditional

[1:54:34] approval clearing and grading permit for Marte Holdings Group Successors and

[1:54:39] signs a lower reservoir road as modified this evening.

[1:54:45] Move bill second by I'll second it.

[1:54:49] » Giovani. All in favor say I. I. against

[1:54:55] » you have an approval.

[1:55:06] » Next item on the agenda is Solomony Ready Mix of New York 12-1-102

[1:55:14] and 106.2. You have an application for a site plan

[1:55:18] for a light industry on 16.3 plus or minus acres on musket court on zone AQ3

[1:55:24] overlay. Welcome chairman Bergus

[1:55:29] megley white househ on behalf of the applicant a famous guy once sang along

[1:55:34] the winding road has in fact brought us back to you. Um we're here tonight uh

[1:55:40] happy to report receive received a positive uh interpretation from the

[1:55:44] zoning board. Um the silos now zoning compliant. Um we received a memo from

[1:55:54] Sean

[1:55:57] kind of catching everything up. It has a lot offormational stuff, but

[1:56:02] we presenting responses to that obviously [clears throat] and things

[1:56:07] that aren't, but there's nothing nothing that appears at first much to be

[1:56:12] anything other than just, you know, updates to the plan. Uh, tonight I would

[1:56:16] with Larry O'Brien from High Point Engineering. So, John Sierro from

[1:56:21] Stonefield traffic. You can walk through walk through the traffic mitigation if

[1:56:26] that's preference the same as what we

[1:56:30] considered when you granted the negative declaration back in May. Um, you know,

[1:56:36] and and that same traffic plan that was essentially worked on and approved by

[1:56:42] John Can from Kimly Orange.

[1:56:52] » We're looking for that. >> We're looking for

[1:56:55] » Well, I was thinking of doing that. >> Yeah. I don't

[1:56:59] » It's okay. >> Yeah.

[1:57:01] » Can I just go ahead? So VRB very astutely made this point u noted this

[1:57:08] that the traffic mitigation plan has sort of been superseded by the town of

[1:57:13] wei Honda's uh new road laws um the weight restrictions on those roads. So

[1:57:21] um I don't know if you have a new traffic mitigation plan. I feel like

[1:57:25] it's not sort of our problem. Our problem is just not having those left

[1:57:28] turns and you guys can figure out where the trucks go. Go ahead.

[1:57:31] » Can't take the words out, but Mr. Sierra is here as well. Uh, from Stonefield.

[1:57:37] Um, exactly. We we've mitigated to the

[1:57:41] extent that we eliminated the left. >> Um, yeah, good evening, chairman,

[1:57:47] members of the board. John Solero, Stonefield Engineering, traffic

[1:57:50] engineer. Um, yeah, exactly what you were just saying. And, uh, the plan for

[1:57:54] that whole C4 mitigation is really, um, we're hoping not to use it too much. you

[1:58:00] know, most of our traffic we're going to tell our employees, our delivery

[1:58:03] drivers. We have we have full control over because there is no uh retail sales

[1:58:08] at this site. So, everyone coming in out of and in and out of the site. Um it's

[1:58:14] up [snorts] to the operator. Um they'll all be coming from the west and yeah,

[1:58:19] hoping to not use that too much as long as we don't have to. But um yeah, but

[1:58:25] way beyond the thing I as far as I understand that road is under the

[1:58:29] jurisdiction of the county. So

[1:58:34] » I don't think that's accurate, >> right? So uh the road that you're

[1:58:38] talking about is technical. >> It [snorts] is a town road and it uh

[1:58:42] it's split. Portion is under the town way beyond this jurisdiction and

[1:58:46] portions under the town agreements. Now there may be some interal agreements

[1:58:49] that either county or one of the two towns maintains it, right? it doesn't

[1:58:53] make a lot of sense to plow to a certain point and turn [snorts] around. Um, so I

[1:58:57] can look into the who maintains that with highway if you'd like. Um, but I

[1:59:02] just wanted you to know that it's not jurisdiction.

[1:59:08] » And again,

[1:59:17] that's the type that has also.

[1:59:22] Yeah, I mean my my perspective is you can teleport the trucks. It doesn't like

[1:59:26] as long as they don't make left turns that go pretty

[1:59:33] making a fair share of contribution toward eventual improvements on 17. So

[1:59:38] we have a lot of I find there's a lot of incentive to make sure that the things

[1:59:43] are made.

[1:59:49] » Any other comments?

[1:59:53] » Republican, what are we looking at as far as

[1:59:55] » uh it's up to you, Mr. Chairman. You could uh check the race before the

[1:59:58] meeting. Uh if you'd like to have it on September 3rd and 10th, uh we can make

[2:00:03] sure that we get the um the notices out. Uh we do have five other applications

[2:00:08] lined up for that right now. So >> this

[2:00:13] almost exclusively initial presentations.

[2:00:17] » Uh no, >> this would be

[2:00:19] » this would be the only public hearing. That's correct.

[2:00:24] [snorts]

[2:00:32] » Sounds good to me. >> Um often we like prefer to have

[2:00:38] renderings when they're available for public hearings. Um is it a we haven't

[2:00:44] asked them for that and b might be a quick what's your feeling as far as

[2:00:52] » if I could just chime in on that there is a code requirement uh however uh this

[2:00:56] is an industrial zone and it's private road so usually that requirement kicks

[2:01:00] in as a public road so in this particular instance it's a private road

[2:01:05] so you It's not required. Now, if the code allows you to request any

[2:01:09] additional information you feel appropriate for the application, then

[2:01:12] you can definitely ask that. But the reason you haven't received it yet is

[2:01:15] that applicant was not required to provide it.

[2:01:17] » Will those silos, the five silos be potentially visible from 17M?

[2:01:23] » Yes. >> Even though we don't care about

[2:01:27] » their corporate neighbor. >> Yeah, you can see them from 17. No

[2:01:30] question. >> I just show

[2:01:33] more. No, I don't have I thought you were the uh No, you're just here from

[2:01:37] the public. You can't talk. >> Right.

[2:01:41] » It was a blue test. >> Well,

[2:01:45] » what I'm thinking as far as just having a

[2:01:48] visual cross-section just showing what it looks like coming through from 17M

[2:01:53] looking in the general direction of where those five silos going to be

[2:01:57] [music] as far as how how they rise with respect to the hill behind it and the

[2:02:01] ridge. >> Right. Larry O'Brien.

[2:02:05] We could prepare that section. I think Mr. mention that in the memo that

[2:02:10] section. >> Sure, we could have that for the public

[2:02:12] hearing.

[2:02:16] » Yeah, let's just talk about that for a second, Mr. Chairman. So, if you want to

[2:02:19] schedule a public hearing, you're obviously going to want time for review

[2:02:22] applicants because you have to be in two week prior

[2:02:24] » if that's what you'd like. Typically, you require two weeks prior, but this is

[2:02:29] only one item. Uh you have made exceptions in the past for submissions.

[2:02:38] » Well, when uh when do you think you can get the renderings to us?

[2:02:42] » Certainly within we can certainly make a week before

[2:02:46] » a week before the public

[2:02:55] works. >> We're going to need some time the public

[2:02:57] week. We got to get ready ourselves here.

[2:03:00] a public hearing. >> Yeah, I understand that. But

[2:03:02] » so then you can set >> how does it work though if there's no

[2:03:06] public hearing before the planning board or rather before you do your N deck?

[2:03:09] What does it matter after that? >> So Mr. Chairman would like to take

[2:03:12] action.

[2:03:16] » You can take action if you'd like. You don't think it's public

[2:03:22] hearing? >> It's whenever the board wants to

[2:03:27] September 3rd. I have a motion >> move.

[2:03:31] » Phil, second by second. >> All in favor say I.

[2:03:36] » I >> against

[2:03:39] » September 3rd. >> September 3rd.

[2:03:51] » I like just want to make sure 3M27 to the building department.

[2:03:57] submission. >> Yeah, that's fine.

[2:04:10] » Thank you very much.

[2:04:22] » About those five items? >> Yeah, I figured you'd ask about those,

[2:04:26] Mr. Uh so the five items that you have kind

[2:04:30] of the mini uh

[2:04:33] » here's a surprise. >> I'll be the judge of that.

[2:04:35] » Milar,

[2:04:39] » Cory Stone, six Virginia Lane, that's a contractor

[2:04:45] business. Uh Ocean Floors.

[2:04:51] » These are all new applications. >> Uh more or less. Yeah. Multimart has

[2:04:54] been around in and out a number of times with

[2:04:58] uh and then public.

[2:05:03] So yeah, that'll be five and six.

[2:05:11] » We're good.

[2:05:17] » Any other issues the board wants to raise?

[2:05:22] Not. Do I have a meeting uh motion to close the meeting?

[2:05:27] » Move. >> Second.

[2:05:29] » Bill, second by Bill. All in favor say I. I.

[2:05:33] » Have a good night.

Town Of Goshen Planning Board Meeting. August 20, 2026.

Transcript