Planning Board - Regular Meeting

I'd like to bring this meeting to order for the Town of Brunswick Planning Board for March 5th, 2026. If everybody please rise for the pledge of allegiance. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you.

Before we uh start the meeting, I'd just like to make an announcement. Uh there's been some uh feedback on uh the sound quality of our meetings. Uh I would like to ask all the board members to make sure that they speak into their microphones and make sure they're on. And likewise for any of the applicants that come up, please make sure you use the microphone at the podium. Thank you. Okay. Uh our agenda tonight is as follows. Kyle Smith site plan and special use permit. Applicant seeks site plan approval and special use permit uh and to complete construction of a one major subdivision. Applicant proposes a major subdivision on 31.92 acre parcel of land as well as to construct a new road with a cul-de-sac and a water lane extension on property located on the northeast corner of Spring Avenue and Creek Road Parammont Building Group of New York is the applicant number three uh major subdivision. Applicant proposes a major subdivision on pro on approximately 16.2 acre parcel on land on the property located on the north east yeah excuse me on the east side of coal lane. Jim Cis is the uh applicant. Number four, Mavis Tire site plan. Applicants seeks site plan approval to modify an existing residential structure into a Mavis Tire Supply motor vehicle repair shop. Say that quick about five times. On property located at 721 Husk Road, uh Richard Valdez Valdez I'm terrible at pronouncing names, so I

apologize. Um, is the applicant number five, Golden Crust Pizza site plan amendment. Applicant seeks an amendment to a previously approved site plan to modify an existing commercial structure into the Golden Grain Pizza Restaurant on property located at 585 Husk Road. Zephr O is the applicant. And number six, uh, Grafton Quarry recommendation to the town board. Applicant seeks to amend amendment to the town zoning law to change the zoning classification of four parcels on Brunswick Road and New New York State Route Two. The town board seeks a recommendation from the planning board on the application. Grafting Corey LLC is the applicant. Okay, our first order of business is to review the minutes of our last meeting on March or no, February 19th, excuse me, because everybody had an opportunity to review those. I did notice one uh possible correction on page 13 about the middle of the page. You're referencing a member Schmidt. I don't know who that was supposed to be, but we obviously don't have a member Schmidt. So,

okay. It was member Kger. Is that who it was? Yes. Okay. I have that down. So, it's member Schmidt Kger. That's

okay. Is there any other uh corrections, additions? Page four line two asked how the project who mitigate it should be would mitigate the excessive noise. Okay. [clears throat] And page five, line 11, it says there that there would be effects to the wells in the neighborhood. It should be no effects is what they said. Okay,

that's it. Done. Okay. Anyone else have any uh comments? Okay, then I'll make a motion to approve the minutes as they were corrected. Second. Any further discussion on the minutes? All those in favor? Any opposed? Thank you. Okay, first on our agenda tonight is the Carl Smith site plan. Kyle Kyle. Kyle Smith. What did I say? using Carl. Okay, I'll answer to it. It's fine. I'm not having a good night right now. [laughter] So, all right, Kyle. Yes.

Site plan and special use permit. [clears throat and laughter] Yeah, I believe uh there was some questions about wetlands that had to be addressed. There were I do I have a letter. You guys should have the letter as well from the DEC. Yes, we do. um stating that he had no concerns. There was two uh two items on that, wasn't there? Yes, we received it basically after reviewing the proposed plans you provided and the regulatory mapping proposed building construction will not be in in the jurisdiction of DEC. Yep. And there was wasn't there something else?

Well, we had a lot of Oh, yeah. They they there were a number of items that I asked for beyond the site plan and the applicant has provided those items and they're all there now. Okay. Um I also you guys had tal requested elevations. So I had these printed up. It shows kind of you know not exactly but an artist rendering of about what the building will look like and it also has elevations and things. I only made seven of them. I've got nine of you up here. It's all right. So, who doesn't get one? Well, the engineers got to get one. We're missing one person anyway. So,

you can show. Thank you. Uh, so that just shows the elevation of the building and you know about what it's going to look like. Would that be the correct uh outside lighting that you would probably provide? Yep. Yes. [snorts] [clears throat] All right. That's all down.

Yes. Yeah. Just standard residential style lighting. Nothing highowered or commercial or anything like that. Okay. A drain in the floor. No floor. Foundation's already poured. The foundation is already poured. Couldn't put one in if I wanted to. Is that an operating garage door? Um, or is it just It's the foundation is poured to have the garage there. So, I left the garage door in, but it's not going to be like a place to actually pull a car in or anything like that. It's not operational. No. Okay. So, it's just basically part of the Yeah, that's how previously. Yeah. Okay.

Wayne, did you get all your information that you needed to? I did. And you're satisfied with all that? I am. And uh would you consider with the addition of these renderings and the other letters that the application is complete? I would deem it complete. Yes. Okay. Does anyone have any questions on this? We have to schedule a public hearing for this. [snorts] I it's April 2nd. The fire company has been has been uh No, I haven't done that.

Okay. Do I have to do that prior to prior to the public hearing or is that prior to construction prior to completion of construction? I have a note here that uh um they would probably request a Nox box. Yes, you guys had mentioned that at the last meeting. Okay. I just haven't acted and I would I would submit a copy of these plans to the sure to fire company and let them review it. They usually send an email or a letter saying what they recommend. They probably recommend the Knox box and uh I think they would probably, you know, just sign off on it. Yeah. Send the site to I'm sorry. Send the site plan too.

Okay. Yeah. But I think I think we can go ahead and schedule the public hearing and have that come in. All right. Does anybody have any other questions? All right. Then uh we can schedule a public hearing for this. It'll be Let me make sure I got the right date here. It would be the first meeting in in April which would be the second. Yep. Okay.

Somebody have to notify county. Do we have that? County been notified. Wendy said yes. Okay. So, we should have an answer. It'll probably be about 30 days out. Okay. We have to send them a copy of the plan so they can review it for any potential development or conflict that they may have on the vote. Okay.

Um Okay. We can schedule a public hearing for the first meeting in April, which is the second, and it would be at you would be the first one. So, it would be at 7 o'clock. Great. and then we can proceed ahead. Okay. Any comments uh that you have, you'd have to respond in writing uh to them. So, I don't know what objections anybody would have, but I'm not going to speculate. Sure. So, 7:00. Okay. You have any questions for us? I do not. Does anybody have any additional questions for the applicant? And I guess we're finished.

Okay. Thank you guys. Have a good night. Thank you.

Hey, next on our agenda is the um Paramont Building Group.

How are you tonight? Well, how are you? [clears throat] Good.

Evening. Okay, before we start, uh I think you already know this, but I will make it announcement that we the town had a meeting with DEC on this. Um they requested additional information. The meeting was last Friday. It was more or less a zoom meeting. uh people in attendance and for the town were uh myself, Wayne and the entire building department and uh Chris on online and they wish to uh basically they wanted to review this. There's a new I think you already know a new regional director there Sean Mahar and uh we went through an answer and qu question and answer period uh and uh they said that they were going to review the material that we gave them and just recently today they requested a copy of the the SWIP. Is that correct? Um, [clears throat] yes, but I don't understand why.

Okay. [laughter] However, at the outside of that meeting, they said they were going to reach out to the applicant. Okay. So, I don't know if that has happened or whatever uh basically to review the project as far as DEC's involvement. So there's been no contact from BCTU or sorry what was the question?

There wasn't any hasn't any been any contact because we were kind of uh illustrated to them the timeline involved here with the 45 days and if they had anything to do with that. he had to uh um or they had any comments that they wanted to share or any thing that they had to be in before the 45 days and we gave a date I think of March 22nd.

Correct. So just so we're all on the same page, we had our public hearing. The subdivision regulations and the town provide that following that public hearing. The planning board is to act on the preliminary plat within I think it's 45 days. you measure out that time frame. It runs on March 22nd, I believe. And the last planning board meeting before March 22nd is your March 19th meeting. So, we had [clears throat] updated in our conference with DEC on Friday. Here's where we are, here are the time frames, and we let them know that. So at this point uh [clears throat] I would have to feel that we have to wait until they respond on something on this before we uh

to be clear who who to respond to what I think I well DC has asked to evaluate this and I believe we have to get a response from them before we can actively pursue uh moving came forward. Well, maybe just let's let's break it down a bit. I think you had asked whether the applicant had heard from DEEC since our conversation with them, the town's conversation on Friday, right? Oh, okay. So, that was the question whether we have heard we have heard from DEC. You have? Okay.

Yeah. So M can you update us just as best as you understand it based on your conversation with DC what's going to happen going forward process timelines any information

uh yeah we don't have much as far as process and timelines um DEEC uh reached out uh we spoke with Sean Mahar and some of the um Meland reclamation staff um permit administrator and a few DC attorneys um asked some questions about the project. We had gone over the timeline that we had obviously [clears throat] reached out to them last year. We did the site visit so forth, our understanding of the the regulations um and the law and we provided them with some information. Um and I believe they've asked for um or we said we would provide them some additional information that we're going to get to them tomorrow. And that's how we left it.

Okay. Then I would assume that moving forward we would expect some type of response from them as far as what they're looking for or with their decision. I think they want to know uh whether or not uh uh there's something more here than you know as far as possible mining permit or other permits. Uh, I'm not trying to speculate, but it seems to me like they're they want to re-evaluate this as far as whether they want to be uh take a role as far as a lead agency on a certain thing. Uh, I think I'm I'm I'm basically saying is I don't know whether they're reconsidering.

Yeah. And uh whether this is actually a mine.

Yeah. And I'm not sure either. I think it was clear to everyone that, you know, the DEC retains jurisdiction over a construction project throughout the entirety of the construction project. So, at any point in time, they can come in on a construction project and say, "This is a mine." So, um, yeah, I'm just not sure what DEC will or will not do. Um, you know, we've asked them at the request of the planning board. um you know is there I know ages ago they used to sort of provide confirmation as to whether something met the exemption or was subject to minand reclamation law. They don't do that as a process anymore. Uh we know that from their response both in writing to the town in writing to us and then at that meeting that we walked the site. Um you know I don't know that that's changed necessarily. So

maybe I can chime in here a little bit. So this all came back up with DEC because we received the town received a letter from them February 17th and it was from [snorts] regional director Mahar. And in that letter he basically suggested that DEEC would be be relooking at this essentially and his quote is you know they requested information to assist DEEC in determining mind land reclamation jurisdiction. Okay. What I don't know so they're looking at something. Okay. And it's about their jurisdiction. What I don't know and the applicant may not know is what that process is going to entail by DEEC, right? Their review, their determination, how long it's going to take and what everybody's going to get when they're done, right? Is it something saying we've looked at it and we confirm this is not a mining activity that we have jurisdiction over or something that says the opposite. we've decided this is or something that says at this time but no promises for down the road but at this time we're not asserting jurisdiction. Um, in terms of the overlap between this planning board process on the subdivision and whatever DEC is doing, you know, if the board at some point were to consider an approval for this subdivision, I would probably recommend and we'll have a conversation about it, but recommend some kind of a condition that's attached to this DEEC review process. something where we, you know, nothing happens. The no ground is broken until DEEC has gotten back to us. What that's going to look like, is it a letter? Is it What are we going to get out of this?

We'll have to figure that out. But I don't know that the planning board cannot proceed with the application while DEEC is doing its thing. But I would want to make sure that whatever we do is attached and conditioned on the outcome of whatever review DEEC is doing. Does that make sense? Makes sense to me. All right. Does that make sense to you? [clears throat]

So part of what we're going to talk about here as this process move forward is if the board would consider an approval, are there any conditions that the board members might want to attach? I just suggested one, right, which is something tied to this DEEC review, some sort of confirmation that DEEC is not at this time accepting jurisdiction. There may be other conditions that the planning board members would want to consider attaching to an approval. I think we're going to start that conversation tonight. I don't expect that the applicant is necessarily going to agree or disagree with our thoughts on tonight on our thoughts on conditions. They're probably going to want to mull it over, talk to their client, do some feedback. So, I don't know that TJ, for example, is going to nod his head and say, "Yep, you know, that's absolutely we're on board with that." They may, but they're going to want to think about that.

Okay. But just to be clear, at the end of the day, we want to get feedback from the applicant on proposed conditions, but it's up to you guys to impose them. So you know you have the final control over that. All right. So at this time I would like to maybe open up the floor for some discussion on possible conditions. Can you put your

Sure. Just a second. [clears throat] I mean, the first one, I mean, we we you and I went through a few and uh I'm just going to throw these out here. Uh right now, we talked about the letter from DEC or some type of communication from DEC as far as you know what uh uh they're going to determine as far as jurisdiction, mine, whatever. And then the second one was a uh a reclamation. Yeah, you got it. That was it.

Okay. Reclamation bond and what that amount would be. And this is a bond put up in case for some reason the PL the development does not go through reclaiming the the land back to a a reasonable uh point of where it began. So I'm not sure what that amount is. Uh we can discuss that. You can uh we can come up with some reasonable number. You can come up with a reasonable number on that, but that would probably be one of the conditions that we'd want to moving forward have.

Okay. A second one we talked about was a environmental monitor of some sort. uh someone that's going to monitor the uh uh the excavation of the site, truck uh numbers, loads, so forth and so on, and basically give a a a regular progress report on where you are. I'm not sure whether that would be like a temporary employee, a full-time employee, someone [cough and clears throat] that would probably be uh at the expense of the applicant, I would assume. Does anybody have any thoughts on what that that monitor would want to do?

Okay. I, you know, and I'll let the engineer weigh in on this, but I would assume that they want to monitor the amount of material that's taken off the site, the number of trucks that are leaving the site daily, um, that the storm water management plan is being adhered to as far as the phasing plans that were submitted. and traffic control that if there's a condition by which traffic exits the site to the south [clears throat] uh during excavation that that

yeah that's something we can talk about what we may require as a condition for traffic control whether it's signage or flaggers or something, but we can I think we need to put something in there, but we can come to an agreement what that something is. Um, and the only other thing I could think of is the road, you know, the road construction that it be suitable to carry suitable construction method to carry the weight of the export. So you're not running into

You mean the hall road or Yeah. Yeah. [clears throat] on the on the property. Not on the property. That's the hall road. you know, uh, during construction, if the hall road becomes impassible and then you're excavating out more material and having to bring in more material, it can get, you know, really that's kind of tied into the SWIP inspections and the adherence to the SWIP and construction entrance and yeah, you know, and maintaining the site. There has to be some level of maintenance on the site during all that activity. [clears throat] Um they're whoever's in charge of the site has to be certified,

right? Um um under the stormwater rigs. So you got to have a card. At the last meeting, there was also some issue of possible stacking issues on Creek Road. Well, that could be part of the monitoring as well. Could that be part of the monitoring? mention the actual road conditions if any material spilled on any part of the roadway itself outside of the site throughout the whole which we haven't gotten a final plan on the whole route correct

um yeah so can if I can just speak to the the soil first that's also part of the swip so that is noted any any soil spilled is to be cleaned off the pavement um and that's certainly something that's enforceable by the town MS4 officer as well. And there should also probably be a thought process. Yeah. If the truck route becomes impassible due to an accident, what's going to happen there? Are you going to stop falling? Where are you going to use an alternate route? Okay. Okay. We can certainly

so for a couple of months now I've been asking who's going to involve this where's it going to go and you never come up with an answer. You haven't told it. You've been very vague about whether this is going to go north on road or south. I'm not ready to vote for anything until I have all the information.

I think we can come to a decision on that. Uh, no we do not. Um, we've been very clear with the board I think since the outset. I think it's been clear to everyone that we purposely uh so we don't have a excavation contractor under contract now because we don't have an approval. Um, and so to address that issue, we have the traffic study study both the northbound way and the southbound way on Creek Road. And if you look at the traffic study, you'll see the um information they put in there about the impacts to both going north on Creek Road and head south on Creek Road.

I got to tell you, going northbound on Creek Road, a non-starter on on count on that county road. Yeah, road. It's a county. It is a county road for but I I I I would like to see traffic or

I would like to see during the excavation that the trucks be uh not allowed to go north on Creek Road. I think that's a condition that I would like to say. I don't know how that can be actually a condition since it is a county road. Uh ultimately the county is the authority on on whether or not they would allow your overweight trucks on that road because it is posted for 10 tons whether or not they would allow you to actually go that way.

Right. And uh so just on that point so we the last meeting I know um I several members of the board asked us whether we had started conversations with the county highway department. We did have subsequent conversations after that and we've talked about the different traffic routes. Um it's something that we would consider um in a condition um you know we would um going south on Creek Road. I think the county is supportive of a south route on Creek Road. Um they went as far as saying that they are looking to do a construction job on Spring A. And if we were to go south on that, they would actually wait until we were done to then redo uh spring a. So I think the county is aligned with that. Um but I just wanted to provide that. It just crossed my mind that we had that conversation, but I just wanted to provide that update to the board.

Okay. Didn't we have a condition on the Hannerford project when they had a We did lot of material. We restricted which route the trucks were going to take. Yeah. They they couldn't go left out onto they they couldn't go east on they had to turn right out onto Route 7 and then then to come in. Yeah. Right. From Route 7. Was that county ever done a percentage restriction to say only say 10% of the traffic go one direction? Have you ever seen that before? Uh I actually well I tal I talked to the county as well and they're they're they are opposed to

any of this traffic going north on Creek Road and I think doing it as a percentage would be tough to monitor, tough to control. Um you know how truck drivers are right there. whatever stores is closer. How how how long these are like what are they 20 ton trucks? What are they? Well, they would they would likely do like uh 20 like a triacle. Yeah. Truck. Um yeah,

the rules have changed over the years, but yeah, 20 tons. How long does it take to load one of those? depends on what size bucket the loader has. But he could what I'm implying is this this could be directly proportional to stacking if they all had all these trucks here the um the circuit. They can't have everybody come at once. They have to come a few at a time and they have to keep that cycle going just like like on a paving job. Um, they like to keep some spacing in between. They were talking about doing 17 loads an hour or something.

Yeah, something like that. That's like a load every three minutes. Yeah, they can load a truck pretty fast. I They can use more than one loader to load with, too. I mean, they can have multiple loaders or multiple excavators loading trucks, but I mean,

that's that's the amount of pulling trucks. I guess the question I had, too, is without knowing the route, what's the loop time? So if you're going to take 17 trucks an hour, that's three minutes. It's not taking that truck three minutes to get out and come back. So to support that amount of trucks per hour. You got to triple the amount of trucks available to do that. So without us knowing the route, I think it's kind of difficult for us to determine there's going to be additional trucks here than we think. We know there's 20,000 trucks have to come in and out of the site. That's because they're loading it at a certain rate. But for them to loop that material out and come back again, they want to keep that that loop rate up. It's more than 20,000.

But [clears throat] the I I the control is the variable would be the minutes. The control is there's a certain amount of material to be moved. So that's only going to equal a certain amount of trucks no matter when they come. That the frequency of the trucks would be just based on how just the timing. I mean one day they might not move any material. Um so it's 20,000 trucks no matter what the route is or the loop. But I'm just saying that extends your time frame if you're talking about the amount of loading time versus a 20 minute same number of trucks.

And right so they did those calculations uh in the traffic study based on a year year and a half and two years and what those frequencies would look like and the impact those frequencies would have on the on the routes both routes. I I would have to assume that the whoever the contractor is has methods of he he'll know how to to put these trucks on site uh at what intervals and so forth and so on. I would have to assume, right? Yeah. It's not something that we can control. Well, we can't control it. No, I mean we can't put we can't put a condition the means and methods of the contractor. We can't put

we don't control the means and methods of how it's done but okay so I mean but we can monitor it and say okay you're you're way off pace you're you're never going to get this done you know after a few months and and have input into into possibly the number of trucks or the or or if they exceed a certain number then they're exceeding the threshold that the traffic study was you know say they have I mean we can I think from a planning board point of view though an hour

I mean if you want to if you want to try and condition something you have to condition the monitoring basically [clears throat] we I mean we it's up to the the excavator what if he decides to use dump trailers and then he can put more than 20 tons on a dump trailer. Okay. Or do we want how do we how do we is there any type of condition that we can or [clears throat]

so we we can explore. I think the applicant understands what the board is getting at which is I think essentially the applicant has represented at various points how this excavation is going to be done. What control measures are going to be in place to minimize impacts and [clears throat] that all depends on those controls being followed. Right? So how are we going to know that they're being followed? we can just have faith that the applicant will do what they've said and if we find out through building department code enforcement inspection that they're not we can intervene and get involved or we could have potentially somebody from the building department who's tasked with being on site and watching this stuff and now that's an expense for the for the town um you know based on limited staffing and availability or theoretically we could have a third party or maybe even another opt option. It's somebody that the applicant designates on site to to to monitor this stuff and report back and certify that everything is going according to plan.

Uh or potentially a true third party that is selected presumably paid for by the applicant to to do the same thing.

So, you know, the applicant has represented and I'm assuming in good faith that they're going to do a lot of things to try and and minimize impact. So when you looked at traffic impacts, you looked at it based on a certain number of vehicle trips in and out per hour. We're expecting that they're going to adhere to that. And if they said it's going to be no more than making it up 16, it shouldn't be 30, right? Um same thing with we're going to have dust control measures in place. We're going to make sure the trucks in and out are parked and we're going to make sure we have spray water to hose it down and if stuff falls off in the road, we're going to get that cleaned up promptly. So that's what a monitor would do is basically just make sure that it's proceeding the way it was represented it was going to proceed and if it's not we become aware of it right away and we can act to intervene. So, you know, it's a concept as a condition. You know, I I think the applicant probably want to give us some feedback on those thoughts, what it might first of all whether they're amendable to it or not. And again, ultimately, it's up to you guys, but it'd be good to hear the applicant's position and if so, conceptually, what language would we include in a resolution to implement that that condition?

Okay. And and even if [clears throat] as we go forward uh you know the easiest thing for us to conceptualize it is if the conditions you know because we are talking about this having helpful discussion if we could get it in writing it makes it easier for us to sort of respond to or not even respond but just provide commentary that the board may find helpful in coming to its ultimate decision. Um so we would request that opportunity. Um, and whether that's the exact language being proposed or just sort of a concept, that's that's that's fine.

Well, you've come up with a an excavation plan calls for, I think, 17 trucks per hour and so forth and so on. If you go to a contractor, I is he going to evaluate that plan? I would assume. And is he going to offer some comments? You said you need this material removed within two years. This is the way I would propose doing it. Is is is is that is that a discussion you would have with an excavator that would change the excavation plan possibly?

Oh, that they would change the excavation plan. Um basically the intent would be um at this time for any contractor that is you know selected for the work put under contract would follow the conditions based upon the subdivision. Okay. Right. It would that that's the scope of the job would include adherence to the excavation plan. So he would he wouldn't come back and say no I can't do it this way. I got to do it this way. If you want me to move, you know, 400,000, you know, yards in X amount of time.

So, I I I think what we're all getting at is there are some outside parameters set for how this is going to get done. And if they go to a contractor and say, "Hey, we'd like you to do this work. Here are the conditions that you have to operate in, limits on traffic and stacking." and they say, "Well, we can't do that." Then they can't do that. And the option is either find another contractor who can or potentially come back to this board and ask them to revisit and modify conditions, which you may or may not, right? Um, so, you know, it gets to the means and methods. We're not necessarily dictating the types of trucks, right? That's going to be up to the contract to decide whether it's a what Wayne was saying. Um, but there's some things that we are going to have some limits on and consistent with what the applicant has represented in its traffic study, excavation plan, all that good stuff. So, that kind of sets the parameters, the conditions that they have to operate in. They need to find a contractor who can do that. Did I say that correctly, TJ?

Yeah. Okay. All right. I had at last meeting asked some questions about um grading and vegetation. We have uh over 11 acres of forested area being removed as per the seeker that was submitted and I asked if there were any opportunities to save any of that vegetation um by reduced grading and and we're still looking into that or adding additional vegetation back to the subdivision.

That was our understanding of of your comment. We're we're we're looking into it. Okay. I have a couple questions on the uh the water line. Uh in most cases, I know Bill Bradley likes to see a loop. Is there a loop out to Spring Avenue at all on this? No. I believe that is uh the water line becomes under different jurisdiction there. Okay. Um the connection via the metering thing here everything is uh basically the dead end is at the culac.

So if there were there was a failure in the line that whole culac would be without water. Uh theoretically yes. Okay. Now we also talked about possibly extending the water line to the northern end of the property. along the the rideway or whatever so other people could um other residents on on Creek Road could go into it. Is uh is that a condition that you would want to discuss with your uh

we with the the property owner? Yeah, we are discussing that with the property owner. We've conveyed that and uh request. Was there any response? Uh, not yet. We're still discussing. Okay. I know. I think you mentioned that they would have uh a I don't know what you call it, a joint where it goes into the the uh the development that they could put an extension out beyond. Correct. Yeah. It's it's so that there with a cap if someone wanted to extend it [clears throat] in the future. Yeah. Okay. This requires a water district extension. Correct.

That's correct. That would be a condition that the water district extension be [snorts] done. Okay. Uh lot 18. Is that going to get us water from Spring A or from Cook Road? Um I believe that would be um I believe this is Brunswick's line through here. So this time we'd expect it to be attaching um spring tap in there. Yeah.

So the junction between the post and kill water and the Brunswick water is a meter pit. Yeah, there is a meter pit there. And one other condition, uh, there would have to be a a bond put on the road, uh, construction bond on your road there. On the on the road going into the development of the culde-sac, the proposed town road. Yeah. Okay.

Yeah. that's going to be dedicated to the town. They would want that bonded. Once again, I don't know what the amount would be. We can look at that. That's some I mean, we can look at different developments and find out exactly what that would be. We also need establishment of a drainage district for this. I know you've been you've started it. So we can make that a condition that u establishment of the drainage district be completed.

Uh lots 17 and I figure 17 and 16. They're going to share a driveway. Uh these here. Yeah, that's correct. they should they have a private road maintenance agreement like we did up in Tamarak Road. So I I can't quite visualize it from my angle, but typically when you have two properties sharing a common driveway, there has to be some sort of agreement between those property owners. Which one am I looking at here? Okay. So they come in 11.

So what what can you point out for me just because I can't visualize it. What what portion of that is going to be a town road? Oh, none of this be eventually though. This is shared shared driveway. So the town road would stop at the culdeac. All right. What's the width of that shared road? 20 ft. So, what's the frontage for those two lots on the culture? Um, I believe I think for each lot at least 15 foot branch. Yeah, they they have they have double.

What's the length? What's the longest length of the driveway? Probably 400 ft. So anything over 300 foot they'll have to have a turn off. Yes. Turn off. How big are the the town roads in the development going to be? How wide. I believe they are 10 foot lanes and four shoulders. Okay. Um the that on the detail sheet um per town standard. is to be built per down.

We have shrunk them down because that's a lot of black top. That would be something. Yeah, it's not it's not 20 ft wide of black top. It's it's um 20 ft with with I believe with their fourook rattle shoulders. There's two lots there that share that driveway. Do they they actually have frontage on Spring Avenue? They do. So technically they could, you know, apply for a a driveway permit and and enter those two lots from from Spring Avenue.

Um if they obtained a a permit from the county supposed to that drops off there, doesn't it from Spring A? It does. Be Yeah. A little bit of effort. put a little field over there. You know, [laughter] those those houses are going to be in the drop off. I know somebody that's got it. [laughter] There's a little There's a Okay.

There's a $500 per lot wreck fee. It's got to be $500 parks and recreation fee. [clears throat]

You're good with the roads, please. Yeah. And actually, uh, Mike Bailey had reviewed this and made some comments and they adjusted their plan based on Mike's comments as well. So the at that be grass or gravel shoulder swale or whatever the 10 foot travel ways and then 4 foot wing correct and they'll be grass or probably be grass.

They'll be grass swailes because of the grain of the road. They if that road was much steeper they'd have to put rip wrap in. But if they don't put grass in it, it'll just wash.

Any other conditions anybody wishes to mention? At this point, the Wler County, the lots have to go to Winsler County for septic approval. Ross, typically you guys discuss number of days per week for work, hours of operation, [clears throat] holidays. Now, we're talking the construction, not the excavation or that would apply the excavation as well. Okay. In the building.

Yeah. You had uh you told me what they were last time. I believe you were talking. See, [clears throat] Saturdays and Sundays it would be 8 to 5 and 9 to5 on Sunday. Sunday. Is that right? I thought Sunday was a day off. I might take if I got some note for something else. I think so too. Yeah, don't quote me on that. the excavation plan had narrower times frames than that.

For some reason, I'm remembering Monday through Saturday. I'm not remembering Sunday. I could be wrong. I think I got a wrong application with that note. I'm sorry. [laughter] But we can dig into the file. And yeah, I think that was Mavis tire. That's right. Yeah. Yeah. Yeah. I got Mavis right next to it. Sorry about that. But we should uh determine those hours. I thought that they were on the excavation plan, right? Uh they they are. Yeah. Yeah. And you said traditionally they would apply also to the construction. We typically moralize on those conditions

general conditions for both excavation and yeah. Okay. You agree, Chris? Yeah. Yeah, I was just going to say theoretically you could have a different set of hours that applies to excavation activity versus construction. So for excavation this for construction that or you can just have one comprehensive set of days, hours and holiday. Okay. So that's something we have to work on.

Yeah. So app propo of that um I anticipate it's going to take some time for us to develop these conditions that we've kind of conceptually talked about share them with the applicant to get the applicant's feedback and work on language. So, [clears throat] as I mentioned when we first spoke, right now the the deadline for planning board action is March 19th. Um, I would ask whether the applicant would consider consenting to an extension of that for a little less than 30 days to at least put us out to the second planning board meeting in April, which I believe is April 16th to give everybody time to work on and think through these conditions

and and we would be okay with that. We would consent to an extension. Okay. So for the record and for the minutes, the period for the planning board to take action on the preliminary plat has been extended with the consent of the applicant to April 16th, 2026. That is the just to be clear, that's the date of the second. I'm reasonably sure that's true. I think [laughter] I think the first meeting is April 2nd and then the next meeting would be the 16th. Okay. Of April. Okay. Don't ask me. I'm probably get it wrong. [laughter] So, well, we don't want it to expire the day before the meeting. Yeah, that the first one is the second. So, the 16th.

Yes, we're okay with that. Okay. So, you're okay with that? Okay. And hopefully between now and then we'll get some type of comment or whatever from DEC of where they're going with all this. I would assume it's possible. I can't speak for the department. Don't look at me. I don't know. We've been trying. So, [laughter] well, as far as they know right now, and they're working on they're working on the the

I'm being facitious, but you know, both between the applicant and the planning board, we can certainly reach out to DEEC to see if we can get some more information on process timing, you know, just to set expectations. Okay. And we'll hear what we hear. All right. With this in mind, do you want to be placed on our agenda for our next meeting just as a to progress along or do you want to wait until we get uh uh something a draft and in in writing that you can look at?

So the the question is is there a point to you folks coming in while we're potentially talking about between attorney and attorney potential conditions? um you're certainly welcome to come, but if that wouldn't be a good use of your time, then that's fine, too. Yeah. So, that's the question. Like, do you [clears throat] want to be on the agenda for the 19th of, you know, second meeting this month or not? I if we were able to get something in writing to review, I think we can turn stuff around fairly quickly. Um, so maybe put us on tenatively and if we get closer, Chris and I can talk and if there's nothing to share that we can just Absolutely. Okay. [clears throat and cough] out of the withdraw from meeting.

Do you have any immediate questions on any of these conditions? Uh, that we I mean, no, not at this time. Okay. And I'm going to put you on the agenda for the 19th and that's tenative and we'll go from there. Thank you very much. Is there any other questions for the applicant? And do you have any other questions for us? Nope. Not at this time. Okay. Thank you very much. Thank you. Thank you for your time.

All right. Number three on our agenda tonight is Selis. Good evening. Uh Aaron Vera with Varity Engineering. Uh here tonight representing JJs Builders, Inc. uh for the 15 lot subdivision uh the Stonehurst subdivision off of Cole Lane. Uh we were in front of you two weeks prior. Um took us about a week to get the full environmental assessment form to town staff. Um and we're here this evening uh just seeking a lead agency determination. Okay. [clears throat]

I reviewed it. Okay. I did. It's fine. It's good. All right. Um, does anybody have any questions at this point?

Just a refresher. This this this is basically a a a continuation of a project that's been in the works for years, and there wasn't me much change to the original plan. Um, they did submit a updated EAF that we all got. And the thing before the board right now is whether we want to [snorts] uh be declared leading agency on this and any questions down at that end.

Any questions down at this end? I just I had a question about the [clears throat] um the road that went before the town board. It got approved and we're good with that. Yes. Is that Yes. Okay. Yeah. The um dispensation I guess we'll call it of having more than 12 lots on a culde-sac was done a long time ago. Yeah, but I don't think it expires. Okay, that was my only question. Okay, I'll make a motion

for to declare ourselves leaded. Well, do we still need to circulate? We need to circulate for lead agency. So, the motion would be to circulate. Correct. Question. You have a question? Okay. I have a question. Can I ask a question? No.

When you first go into it, it slopes down. Is that correct? Or it slopes up? That's a good question. Um I I I don't think I could answer that question, but but we're about we're about a quarter mile back about 1500. As I recall, Erin, I think it comes off at a negative pitch coaline and then goes up. Yeah. Well, it goes up to The topography for this site certainly goes up before it drops off towards the east. I can't tell what understandable. We will provide full size drawings from here on out.

Water the water flows this way. It correct? Yeah. Correct. the the the road that goes into the site goes up about 10 and a half percent. Yeah. Until it flattens out towards the towards the culde-sac. Yep.

Any other questions? Okay. There's a motion to uh circulate a notice of uh questioning lead agency. Do I have a second for that? Okay. Is there any further discussion on that? All those in favor? I. Any opposed? Okay. We'll have that uh sent out and we'll see where we go from there. What else What else can we do tonight here? Are you looking for anything else as far as comments on anything?

No, I wasn't. wanted to um you know start the process on the lead agency determination and then uh there there's some additional information that uh town staff um and the and the town's engineer has requested and that that's on us to provide. Um we are also still awaiting a jurisdictional determination on that small pocket of wetland um that we had talked about at the previous meeting, right? Um and so you know we we'd feel more confident uh moving forward with this process once we have that uh determination because if the state takes that wetland um it's a very different path forward for us. Okay. Wayne, do you have any other questions?

I have no other questions. Okay. Chris, do you have any questions on this? I do not. Okay. Then uh do you want to be how this this what is it a 30-day response? So typically from when the letters go out the other agencies have 30 days to object and if they do not within that 30 days then we can declare ourselves lead agency. Um I don't know if the letters will go out tomorrow necessarily. It might be Monday, but um it is a 30-day wait. If we could if we could be placed on the April 16th agenda, I think that that would be sure

give the town plenty of time to circulate notices and um hopefully we'll hear back from DEC in that time. Okay, that's uh three meetings from now. Okay, excellent. All right, thank you very much. Okay, number four is Mavis Tire.

Hi, good evening. Uh Andy Brick from the Brick Law Firm. Nice to see you again. It's been a while. Um recently been brought on board uh to assist with Mavis. Uh with me is Kevin Hixon from BL Companies who's one of our project engineers. Um and Mr. Chairman, the applicant's name is Rick Valardi. He's uh with Mavis. So it's Bolardi. Um we introduced this last month uh briefly. Uh you gave a lot of good feedback, a lot of good comments. Uh we know we still owe you um some stuff, some documents. Uh we are working on that, but we did want to keep this time on the agenda this evening. just to give you a brief update and answer some of the questions that came up as we are working towards our full submission. Um, first we are going to submit a full environmental assessment form which was uh recommended uh by by Wayne and it's a good idea and we're working on that. Uh so that will be part of our package and also this evening we do have elevations and there site specific elevations to show you um of the building. Uh we we thought it was going to be generic, but they actually were able to put together the uh actual sightspecific proposed uh building renderings. And we think we anticipate that we'll have uh everything that you're requesting in our full submitt uh in order to be uh scheduled for the first meeting in April. Uh we wouldn't be asking to get back at your next meeting, but we we think we can be submitted and be on the agenda for the first meeting in April. Um, and with that, I turn it over to Kevin to walk through some of the the comments and questions and concerns that came up at your last meeting. And thank you for the opportunity. Look forward to working with you for this project.

Thank you.

Evening. For the record, uh Kevin Hixon, uh 355 Research Parkway, Maran, Connecticut, uh senior project manager companies. Y tip it up and speak a little louder.

There you go. Um Kevin Hickon for the record, senior project manager at BL Companies, uh 355 Research Parkway. And um tonight, uh I just wanted to go over um my direct report. Um Mr. Uh Robert Rolls was here last month uh [clears throat] just to give uh the the planned board an overview and I'd like to just follow up on a couple of things that were discussed and also um you know we will be submitting a full application uh detail site design storm water report um full set of plans phototric plan uh phototric lighting plan. So, it will be a comprehensive uh plan submission uh to the town and town staff for their review. Uh we did have a uh pre-application meeting with the town uh last year. Um so, we got some uh input from the town staff uh early on. Uh but let me start with uh a couple of things that were brought up. Uh the green space uh question was asked. Uh the existing uh green space that's there now um is uh six uh is at 16,694 square feet. That's 60% of the site. The site being uh 647 uh acres. Uh the proposed condition with the the Mavis Tire uh will be at 10,441 square ft. That's a uh 37% uh green space. So that's a 23% uh reduction uh from existing to proposed. Um one of the questions was asked about the the driveway shift from the existing to the proposed. Um it's about 15 ft north going up uh Mohawk Avenue. Um our driveway also does not line up with the

proposed entrance uh across Mohawk Avenue for that development. Uh they actually line up with um they're further up and past our property and they line up with the driveway um of the residential house that's behind us. debuting uh property owner uh to the north. Um as attorney uh Brick had mentioned uh the full environmental assessment form we will provide um and we will provide um the noise level uh information for the operations of uh Mavis Tire. Another question that was asked was about the light. Uh the lights do shut off at night. Um so they they're on a uh a timed uh shut off and I believe that's at 11 o'clock uh at night. Um I think the I believe the monument signs um and the building sign would still stay illumined but the rest rest of the lighting would actually shut off uh at that time. Um and then um you know obviously we know about the article 7 uh section 160 uh- 55 which are the site plan requirements. So we'll make sure we meet those requirements in the checklist when we make our submission. Um and then um building elevations obviously I've I've handed that out uh to all of you. Um, I think it's one of the southeast corner is at a 25 foot 6 in uh 25 foot 6 in height and I believe the other side is uh at uh less than that but that southwest corner is where the entrance is uh for that Mavis Tire and that's at what that building height would be. And um the sign variances uh there's some concern about um signs on tire

stacks. we would not be doing that at this site. Um, so I just want to make sure I convey that message. And then, uh, one of the questions was, uh, why no curb cut on Husk Road? Um, you know, basically Husk being the state route and versus, uh, the one entrance that we're proposing off of Mohawk. Um, and the reason for that is, uh, the grades, the delta between the grades of our tie-in on, uh, Mohawk Avenue at, you know, roughly 45 46. Uh, the elevation of the roadway is at 476 477. Uh, just makes it a tough transition to [clears throat] try to put a right turnout only. Uh, given the fact that we're trying to tie into, uh, Mohawk Avenue. Um, plus

there's an effort to reduce the number of curb cuts on Route 7 anyway.

Yes. Yeah. Good. Because there was never a curb cut from this uh uh existing site to to begin with. So, we want to try to reduce that. We did provide a uh sliver widening on Mohawk Avenue. Uh it's 20t wide now. We want to sliver widen that to by 4 feet to 24 foot foot wide. Uh we had our meetings with uh in our pre-lication meeting. It was it was uh told to us that some of the school buses that go up um do have a tough time navigating and do tend to ma uh back up some of the traffic on Husk Road. So we're trying to be cognizant of that uh aspect from our pre-application meeting. So that will be indicated in a full comprehensive plan set uh that we will be providing as reflected in the uh concept plan. Um and then the I the bay uh one of the question was uh having the the tire bays which all seven bays which face Husk Road about rotating 90 degrees uh counterclockwise uh facing Mohawk. Um it actually wouldn't you're actually putting the building closer to the back property and I don't think uh we've actually took a a quick look at it. we wouldn't meet the parking requirement for that. I know we're at the the what's the required parking of 25 spaces. So, doing a rotation like that because our property is the longest uh part of our property is from east to west or from right to left on page right to page left. Uh rotating it to the shorter uh dimension uh wouldn't um be conducive for parking and meeting that uh requirement. Um, [clears throat] and then we sent out the uh the plans to the uh fire company. We sent that out on March 4th. We haven't heard [clears throat] anything back yet, but

certainly we'll work with them uh make sure that we provide a uh you know what their fire apparatus is uh to, you know, run some circulation routes of the uh of their fire apparatus apparatus that they use. So, we'll be in contact with them uh to make sure that we indicate that in the plans and that'll be in our ourh set. And then the last item was the the dumpster pickup times. Uh this would be in the afternoon as confirmed by the uh with our client Rick Valperty. Um so I think that's all I have for now unless I

So you know the signage on the right elevation require would require ZBA approval and only allow sunage signage on the front of the building. So I think on the slide it requires EVA. Okay. All right. That's good to know. Appreciate it, Kevin. And that could be modified and we'll we'll get with our client to to indicate that as such. Um any questions from the planning board,

right? Are you going to put up some sort of visual barrier? I know you want to be

Yes, we're going to um our uh we're going to have a landscape plan. Um you're talking about at the back of our property. We would be uh supplementing um in the back portion because it does rise up in grade uh toward the back. So that gives us an opportunity to uh provide additional screening. evergreens. Uh, you know, that's usually the the better part of it. If we have to get into fencing, we can certainly do that as well. Uh, but that's that gives us that opportunity and that's why once we got that rightway line from the New York State DOT, then we knew exactly where that property line fell. Um, it's hoping it'll be further toward is Thursday and that's ends at 8:30.

All the other days end. Yep. My question is why do these lights need to stay on two and a half three or four hours? I I can ask the client that. Um, you know, [clears throat] usually it's more for security. Right. Right. Well, we'll we'll provide a phototric plan. Right. Right. Right. We'll provide the uh phototric plan in terms of where the light spill would be and then we'll also go back to our client um about the timing of the the shut off of the light space on their operations. So, yep.

Yes, we will. We will have retaining walls. Um there will be walls on the a wall on the south side basically abuing parallel to Husk. Um it'll be about a five to six foot uh retaining wall and then as you wrap around uh to go up Mohawk they'll there'll be a kind of continuation of the wall uh that goes around. It won't be as tall as across the street. Um because we're going to be at a lower elevation where we're tying in on Mohawk at 46 40 uh 46. So our elevation FFE will be about 45 building on the road side wall.

Uh who road would be yeah about a 5 foot four to 5ft wall. Uh we're going to try to grade down so we can limit the height of the wall. Um you know from the edge of the parking lot for the barrier for that. Yes. Yes. There absolutely and it's uh you know uh between the guide rail and any fencing. Uh we don't want falls going you know anybody going past that point. Uh we would provide that protection. Overnight vehicle storage inside outside. Nope. Combination. Nope. I I was told that there would not be any uh overnight storage uh of vehicles on the site at all.

I'll follow back up with you on that. I don't care if they're inside. Just ask them. Yeah. Uh over bay four. What are the two white boxes? It's on both sides of the drawing. It's also on the right elevation, too. Oh, the right Oh, sorry. It's not from the front and the right some of the building. Uh which [clears throat and cough]

yeah lights I believe sconces light sconces I think is what they what they call them. But I'll uh I'll confirm with the uh with the client. What's that? No. Yeah. Yep. I think I asked this before. Is there going to be a directional curve for exiting traffic only? A what? Like a directional curve?

Oh, yes. Yes. Yeah, we would be. Yeah. To try to right more of right turn out onto Mohawk. Yes, we would be uh trying to provide that. So, we'd have to fix the geometry on the northern side of that. And obviously with signage, too, we'd want to provide that. I believe [snorts] this has discussion with fire department. Yep. Yep. And we there's ways that we can where we can do rollup curb so that emergency vehicles can't get in and out but prevents the everyday vehicles from uh you know trying to make that movement.

So we'll make sure we get that apparatus from uh the uh fire company on their size and the turning movements. Yeah. Yeah. I got a question regarding uh the wooden retaining wall that you have in the back there that creates a what I would assume a flat spot, but what is that for? Uh they just put like plants uh on top of it and you know with the in the existing condition is what you're referring to. No, I'm Well, no. I'm I'm kind of Is it Is that wooden retaining wall something that's already there? Yeah, it's already there. Okay. So, you're going to do away with that?

Yes. Now, the question I have is the fire company may want to have some type of access to the back of that ro that building. I'm I'm just I'm I'm not a an expert on that. But in certain cases, they would want a emergency to fight a fire on that side. They can fight it from here, but they might want to be able to get in the back. Would the the area where the dumpsters are, could that be like extended back in case of emergency to uh

Yeah, we can we can coordinate with the I I would run that fire company. They might want to uh say something about that. And you say that the tires, all used tires are going to be removed from site like at the end of the day with do they have like a box truck come in and take Yeah, I believe it's a box truck that comes in uh to pick those tires. That's daily they do that. Yeah. Okay. Yep. So in the retail area sales area, that would only be new tires. New tires. Correct. Okay. There

I'll have to ask. I don't I don't know. I'll have to ask that question. I don't know. Is the parking that is requested by the town code typical for this size facility um for their operations? they they uh Mavis Tire will conform to whatever the town requirement is. I'm just wondering if they um typically see less parking required than it's it's been this this amount. Okay.

Um just with the you know people coming in and going out uh in the employees that uh would be working there. I don't hear something. Oh. Oh, it's uh the parking the amount of parking spaces of 25 parking spaces is adequate for Navy's tire operations between the employees and the customers that they received.

One other question is that that's this is an existing existing site. Senator, see that's the dental office. Yeah, that's the uh that's the existing survey. So that's everything we captured as far as existing conditions. Um and and I think that's the water line water line. That's the water meter pit. Be a meter pit or something. Yep. [laughter]

How many employees would this be at the store at any given time? Uh, see if I have that right off the top of my head here. 25 30 7 to 10 people. Seven to 10 people. Would it be fair to assume that there could be possibly 10 employee cars in the 25? Yeah. It's possible. Yep. And the remaining 15 cars are or slots are enough for customer.

Well, they also have the bays too, right? So, if the cars come in, they got the seven bays uh in addition to that, but uh typically uh they operate with 25 to 30 parking spaces. Um so, they're meeting this is meeting the criteria of that window. Okay. And they don't run into situations where all of a sudden they have a a day where there's 10 people. You have to get an appointment to have your No, you can you can do walk-ins. Okay. So, it hasn't hasn't been an issue. Um, but I can circle back to the client.

Well, I'm just concerned that there won't be parking places. If you have seven to 10 used up by employees, that leaves, you know, 15 to to 18 spots that could be open. All of a sudden, you have all these bays. You have people sitting there. I'm just concerned about the spillage. I don't want to see spillage out onto Oh, absolutely not. Right. Right. Uh that's that's my concern. This is a full service. I'm not getting on the mic. Can you move your mic up? We're not getting you on the

Yeah, you got it. Thank you, John. So, this is Yeah, I got You're testing. Testing. So, this is a full service store. Yes. [clears throat] For tires. You're going to do oil changes, tuneups, brake jobs, exhaust systems. I mean, you're going to do the whole enchilada here.

Uh, they will do oil changes. They will do the obviously the tires, um, state inspections, uh, exhaust system, shocks and struts and brakes. above the dumpster. That number one, that's a parking spot. Yes.

Um, have you thought about putting access from the sidewalk on the west side of the the west side of the lot? People want to drop their car and walk to Taco Bell or something. Um the the with that sliver widening uh the sidewalk uh gets a bit problematic where we have like a bunch of uh there's existing utility poles with the the transformer. Uh they have transformers on the utility poles. There's also guywire. It's just it it's like two and a half feet between the

the new curb and you know where the sidewalk will be. So it's it's just very and then there's a fire hydrant as well. Um it's to in our opinion it's a little bit like a sidewalk to nowhere. Um I understand your your point of view if it makes a connection to May's tire but um it's just a lot of things going on there and we're trying to be cognizant of you know widening the road as best as we can keeping the utilities where they are. Um and um you know so no uh I guess to the sidewalk.

Would you do something to go across Mo to get to the because there's going to be a Chipotle. Yeah. Across the street. So there be signage on the road or like a crosswalk signage or you know that and something like that. Designate a crosswalk to go that way. Maybe we could take a look at that to see if that's possible. I think trying to go down uh with the grades and everything because I know that's pretty steep too on Mohawk. Um but going across um we can take a look at that. There is there is going to be a sidewalk on the other side of Mohawk. Oh, they will. And they're going up just for their own frontage, right? Which goes past.

Okay. All right. Yeah, we could uh we could take a look at that. So he won't need sidewalk on his side. Well, he would need the access to that sidewalk crosswalk or something. But as far as putting sidewalk down, [clears throat] well, there is going to be sidewalk up on that side so he can get cross continuity. He would need to do that. In earlier conversation, you you mentioned that there's going to be a directional curb to prevent people from exiting your store and going up Mohawk Avenue to make a loop around to get over Roseville. Correct.

[clears throat] So what you have now is is basically incorrect for the Yeah, it's it's yes it's your conventional two-way entrance. Okay.

Have you started any um soil investigation for your storm water management system? Um we have not started the storm water soil investigations but we have uh performed a geotech uh investigations um kind of where we thought uh groundwater would be um 3 to 8 ft below but we are picking up the site um in elevation um but we'll have to perform those investigations because we I do envision us having a uh just based on the green space reducing providing that volume uh in water quality treatment uh for storm water.

This question may have been asked. The existing structure there, the dental office, the new site, what's the difference in elevation from ground level there up to the new uh you said you're going to have a three-foot wall possibly. So, I'm assuming it's going to be at least three feet higher. The FFE is 482.84 of the existing structure. Yeah. So that's the existing. So if you think about 42.84 and we would be picking up that area to 485. Okay. So couple of feet will be picked up. Okay.

Was there any uh does the the existing structure have a basement? I mean I the question I'm going to ask is do you did you see any you know water problems in the basement of that house? I have not been in the house. Um and if you if you move north where they put the new development all those houses had water problems in the basement and there was active springs along there. So, I know you went through this, you're testing the soils now,

and we're going to do further investigations, too, right? We want to be clear of the limiting layer, which would be the groundwater or rock, you know, which leads me to the the drainage plans that uh storm water plans that might have to be like detention areas underground in the Yeah, it's likely they'll be doing underground. infiltrators under the parking lot.

Yeah. And whether we able to do, you know, a swale to go around, you know, the Mavis Tire building or we can have opportunities to do that um with storm water management practices of SMPPS to kind of further enhance the the water quality. Um so we'll we'll get creative with that. Um Any [cough] other questions? In the last meeting, the gentleman that was here. Yes, Mr. Bob Rolls.

In the last meeting, the gentleman that was here indicated that your retaining wall along road would be three feet high. Now, you've this evening, you mentioned another number, five, six feet, something like that. We haven't worked out the grading plan yet. So maybe he's got the Yeah, but we'll we'll work that out. I mean, it's we don't need something 10 feet.

No, no, absolutely not. Because if you think about it, the FFE of, you know, 42.84, our FFE would be 485. Um, uh, I don't expect that to be a significant change, um, in elevation and in terms of wall heights either. So, we'll do everything we can to reduce the size of the wall. Um, you have a specific plan of the type of wall what it's going to look like.

Uh, we don't right now, but we will provide that uh in our uh package that we'll present to to the planning board. So, we should be uh looking forward to getting the the full EAF. You don't have a full yet. All right. Is that something that we would have available at our next meeting? Yes. Uh we plan to have that um with our submission. Okay. So, that Yes. April 2nd. Oh, that's right. You're talking about April 2nd, right? Yeah. Okay.

If Kevin wants to have it into the next meeting, I'm fine with that. No, that's okay. April 2nd is good. Okay. Well, I I think if there's no other questions and if you don't have any questions for us, I think uh we're done for tonight. Appreciate your time. Okay. All right. Thank you. We'll see you on the second. All right. Thank you. Okay. Golden grain pizza.

[clears throat]

Good evening. uh Nick Costa from uh advanced engineering and surveying and uh we're here to give the planning board an update to uh since the since the project was originally here and approved, there's been a couple changes that have occurred in the field and uh uh we we have been in front of the zoning board of appeals to uh request a variance and uh we also want to at the planning board up to date [snorts] with regards to the the changes that have been made. Uh the board that I have up uh shows uh in tan color uh three areas that uh have been um [clears throat] uh changed since the uh site plan was approved. Uh the first change is the outdoor dining area. Uh the outdoor dining area is now uh a little bit bigger than what was approved. Uh [cough] and uh at the at the rear of the building, uh there's a there's an area that was uh uh scheduled to be uh the HVAC system was supposed to be in installed there. And now we have a ramp and a loading dock. Uh that's shown there. And then at the rear of the building, uh there's a coolers that uh have been uh an area has been uh uh constructed to accommodate the coolers. Uh so those are the three areas that have changed from from the approved site

plan. uh and uh with the zoning board of appeals. Uh I'll give you some more detail of what the request is. Is that uh the uh the outdoor dining area uh the uh it it only has um 5t from the property. This is the outdoor patio area, outdoor dining area. It's only 5 ft from the property and the overhang is actually probably probably a few inches over the property line. Uh so that's that's what we're requesting. We've also discussed and and Kevin and uh the planning board uh attorney uh is also the zoning board attorney. Uh we've been discussing uh reducing the overhang from what is it Kevin about 4T to 2 feet.

Yes. Yeah. So uh so that it reduces the the amount that it goes out into uh the rightway. So just as a clarification. Sure. The rightway is the property line here. Yes, that's correct. So, [clears throat] the overhang is is now in the rightway. Is that correct? Yes, that's correct. So, you're proposing to get it out of the the Yes. All right.

By by removing two feet, you know, from the four feet that it currently overhangs, uh, it'll bring it back onto the site. I'm not going to try and put you on the spot, but we originally approved this small outdoor area. Yeah, it was 9 by13, was it? Yeah. 9 by 20 or 9 by How did it get to be built this this way? It I we weren't involved during the the site uh the construction, the building construction. Uh apparently when the building plans were developed the on the building plans uh the outdoor patio was uh enlarged.

Okay.

There's a you know there's a transition when it gets site plan approval uh and then they develop the building plans. Yeah. Uh and the building plans were developed uh by another consultant under under the original uh site plan. The building is also you know only five feet from the and then down below the the other corner of the building is eight feet. Did you uh refresh my memory? You had to go before the zoning board to get No. No, we didn't. that was that was omitted. Okay. That's because it was an existing

Yeah, it's a it's a non-conforming existing structure. Okay. So, now I'm I'm kind of confused on how all this other stuff came into play here that wasn't on the original plan. You know, the the ramp and the concrete loading dock. Sure. What was there before that? Now all of a sudden you need this.

The the uh the HVAC system was installed as roof rooftops uh instead of uh being uh installed at that location where the loading dock and the ramp are. Originally that area was going to be used for the HVAC system. Uh they ended up installing the HVAC system up on on a roof and they need these they they didn't have a loading dock before. Uh no, they they would they would have to uh uh unload they were going to load from the front.

They they would they could load from but they would have to bring it into uh either the the doors that are on the patio or the front. That's correct. Okay. And that was discussed at our last time we we reviewed this plans at that. So now you're correcting a problem of having to go around the front go around and so forth and so on. So this is this is an improvement. It's a betterment of a situation. Yes. Because I can see, you know, the truck, you know, parking on Onida, right? And then having to now you have a space for it to back into, right?

Yeah. Okay. And unload. Yep. All right. That makes sense. Are the coolers uh opening into the building? And yes, that's correct. And is there exterior uh venting of those coolers or I I don't believe so, Kevin. There's no openings in that in that rear area, right? I think it's they're solid walls. Uh there is an opening in the rear right now, but I think it's temporary. Oh, it's temporary. Yeah. Yeah. But if I remember correctly, from the building elevation, there was no there was no It's just the insulated one.

Okay. ZBA Russ also did ask to add some ballards front of the uh patio. Okay. Oh, I'm sorry. Yes. Uh we we uh we added uh a couple of ballards at those parking spaces. Okay. Uh at the request of or suggestion of the zoning board of appeals. Well, I know this has to have a public hearing. Yes. And I think we agreed to uh have a joint public hearing on the 16th of March. That's correct. Uh with the ZBA. This is a ZBA meeting. So were they invited? Yes. Right.

But this is going to kill two birds with one stone because we would require a public hearing. That's correct. And the applicant greatly appreciates uh you doing that. Okay. Does anybody have any questions? Is there a house? I I can't tell from this plan. Is there a house back here where the Compass Rose is? Yeah, there's there's a there's an existing uh uh two uh two unit uh home there.

Okay. So, what are what are you going to do about noise abatement for this compressor? Uh the there's there's some vegetation there. I mean we we can maybe add some additional uh I think couple sides of it. Compressors make a lot of noise.

Okay. Any other questions? Wayne, do you have any questions? No, I do not. Dave. Okay. All right, then. I guess uh we'll see you in a couple weeks. We will see you in a couple weeks. We uh and I Dave, well, we talked about this. I think I mentioned it was on the 12th. It's on the 16th obviously. So we will see you at the joint public hearing.

Very good. Thank you. Have a good night.

Okay. Last on our agenda is the grafting quarry. I don't believe there's anybody here for that. Is it? No. right now. Uh, we got a And just to be clear, I I think that was a scheduling issue, not a lack of desire to be here.

Well, the the the situation we have with this is that um uh we have been asked by the board uh the town board to make a recommendation on this zoning change for this. Um I assume everybody's got their packet on this. Except for me, we got a letter from the town requesting a recommendation. So, we should discuss this a little bit. And uh I think I'm going to turn the floor over to Kevin just to get us up to date on this.

So So this applicant is requesting the change I think I think it's four parcels. Yes. Um from A4 [laughter] to heavy industrial which allows for mining operation. those four parcels that that are right now in our in our town um are not allowed for for mining operations. So for him to basically expand the mine into our town, those four parcels need to be zoned heavy industrial and these that's the direction

these four parcels are all on the south side of Route Two. Correct. And the town line is that straight line at the back of those four. Yes. The town line. It's this straight line. So basically the quarry is in the town of Grafton. Is that correct?

That's correct. and and as had mentioned to you, you know, for him to get to the full use of his floor, they're required to bench the sides. So, in order for him to expand his floor, get to his floor elevation, explan expand that floor, he needs to bench into our town at some point in time, which he's estimating would be 40, 70 years from now. Nonetheless, you know, they're looking to do that change now. 40 40 to 70 years. Yeah. Now, in the purchase of that property, there's no residence or there's no nothing there. Is that correct?

Goes right down woods to the closest residence is like over there. Well, considering the fact that uh there's a quarry there already and then there's another quarry on the other side, it would make sense if they were to purchase this property and expand to me that, you know, it would be a reasonable request to change the zone. Yeah. And Chris can correct me if I'm if I'm wrong. They would still require to go through DEEC, right?

Correct. So, if this property were already zoned for mining, they wouldn't even be coming to us. They'd be going to DEEC to amend their existing permit for the mine and grafting and they'll still have to do that. DE it's a chicken and the egg cart and the horse thing. DEEC will not allow them to submit an application unless the property is zoned for mining. So, they've come to the town board asked that these four parcels get reszoned to heavy industrial um specifically to allow expansion of the mining. Town code requires that that request go to the town board, but then come to the planning board for a recommendation, which is why it's in front of you.

So, you'll give your recommendation one way or the other. It'll go to the planning board to decide whether to grant the resoning. And if they do, the applicant will still need to go to DEEC with a full application. Here's our plan. And DEEC will review it as they typically do on Do we know if this parcel here is on the board? It is. Which one was that? This lower parcel. This one here. Yes. Yeah, I was gonna ask that too. There's also another one here. These two small little triangles there.

And then on the opposite side, John, that small triangle is on. This is uh this is wicked steep. Yeah, [cough] this land is very steep going from the road up to the quarry. I would have some serious concerns about runoff and a visual impact.

So, if the resoning is approved, that's a preliminary step. Those issues that you're raising will be reviewed by DEEC as part of a SECA review. The town will be an involved agency in that. We'll be able to express exactly those concerns and any other ones that we might have. So once we make our recommendation are you're done for now, right? Okay. Wayne, do you have any comments on that? No, I'm good.

Anybody have any other comments? We could do this tonight, right? We could make a motion. So, the the code requires that the planning board provide its recommendation within 30 days. I don't know when the planning board received the actual referral from the town board. You could certainly do it tonight. I think you would also be able to do it at your next meeting if you felt you weren't in a position to do it tonight. Um, but probably, you know, either now or the 19th. I mean, actually, the the request was made it stated uh February 26th. Where are you getting that date from?

This is the date for that the Okay. All right. the town officially right asked us to review this. So then that's correct. Either tonight or at your March 19th meeting would be within the 30 days. Okay. Does anybody have any problem with making the recommendation tonight? I don't think there's any conditions or anything. We just we've reviewed

assuming the members are ready and assuming somebody wants to make a motion to offer a favorable recommendation on the application. That would be the motion. Somebody second. So you can take a vote. All right. You don't have to do a negative. No, because you're all you're not making a decision. You're giving a recommendation. It's not binding. Okay. Does anybody want to make that? I'll make a motion. Second. There's a second. Is there any further discussion on that? Could you just uh tell me what the motion is again? So, it would be a motion to make a favorable recommendation on the application to the town board.

Okay. Any other questions? Okay. I'm going to take a vote. All those in favor. Any opposed? Yes. You're opposed? I do. Okay. So there's motion carried five five nays and one. Does that have to be recorded in the minutes? Yeah, the minutes would reflect the outcome of the vote and who voted I who voted nay.

Okay. Okay, that completes our agenda. Is there any new business? Okay, we have received some uh we've received a packet of additional letters uh from residents regarding the uh Paramont Builders Group for the Creek Road Spring Avenue Colton Colton uh project. Uh these have obviously been received after the public hearing, but they will be submitted into the record and available. [cough] And uh that's all I have. I'd like to review a couple things just as a matter of procedure. I am not going to be uh in town for the next couple weeks. So I am going to miss the joint public hearing on the 16th and the meeting the the planning board meeting on the 19th. Uh I have talked to Dave uh he's going to chair those meetings [clears throat] kicking and screaming and he's going to do that. And I have uh something for you. This is a procedure for public hearings on the 19th just to review the agenda.

This original. No, you got a copy. Yeah. Okay. I just wonder if I protect it with my life or not. Yeah, that's probably easy. It's not that hard. Just read it. Okay. Um, just to review our agenda for the the 19th, we have two public hearings. We have one for Fiser. That's the minor subdivision out uh Tamarak Road there. Yes.

Uh and uh then we have a second. It's actually two public hearings going to be conducted at the same time for AT&T. And these are the amendments to the the site plans and special use permits for the two cell towers. So that's on for the 19th. Also on the 19th is tenatively relief Paramont building and that's it. Golden Golden Grain is we're waiting until the Oh, no. They could I guess they could come before us on

on the 19th if the Yes, Golden Grey would like to be on. Okay. So, they're Okay. So, they are. So, there's four items that I have. Does anybody have anything else? Am I missing anything, Andy? Okay. I will say that Burger King is working on a revised site plan. I don't know if they'll be asked listed as new business for that meeting yet. They're they're working with us right now changing. Okay. Attorney Lane do some rebranding.

And then on the second side, uh Mavis Tire is going to be here. and Kyle Smith is going to have the public hearing at 7 o'clock. And then on the 16th we have the

Sillis [clears throat] and Parammont. Well, Paramont has extended their their time frame there to the 16th. So, [clears throat] for next week, we have two public hearings for Fiser AT&T. One's at 7, one's at 7:15. And then we have Paramont Tenatively. We have Golden Grain. And that's it. Does anybody think they're not going to be here for the Monday night meeting?

Yes, the Monday night meeting. Is there anybody here that will not make that? That's the joint public is on vacation. So, he will not be here. I will this coming Monday a week from Monday. So, we just need to have a quorum of planning board members in order to hold our version of that public hearing. So we don't need everybody. Well, there's two there's two outs that have these five remaining. So I think I think that the question is pretty. Okay. So yeah, that's at 7:00. No, that's at 6:00. [clears throat] It's based on the ZBA meeting schedule. They start at 6. They start at six. It was good schedule. Get you home early.

Okay. Is there anything else under old business that anybody wishes to discuss? Do I need to be at that public hearing? If you're not doing anything, [laughter] stop by if you want. Mr. Mr. Chairman, do you want me at that public hearing? Probably won't act on them until Thursday, same week. That's for [clears throat] give us a chance to digest it. Do you think you need to be there? No. So, I think it's unlikely there's going to be any engineering issues that are going to require an immediate answer. We're going to do the public hearing basically.

Um, if issues come up through that process that require engineering review, we can pick that up at the March 19th meeting and take it from there. Yeah. You're not taking any other action anyway. You're just hearing the public hearing. Right. Anybody have any comments? I got you got to talk to Dave. I'm not going to be here. You can watch us on All right. TV. Yeah, I'll watch it on TV. Okay. I'll uh Nothing else. I'm going to make a motion to adjurnn. [clears throat] All those in favor? I. Any opposed? Thank you.