Planning Board - Regular Meeting

Ta fixed it last week. Call me to order. 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. The June 2nd minutes. All right, time to our planning board meeting uh June 2nd. Uh we had old business Wingale Solar Resolution classifying the action declaring intent to serve as lead agency and a coordinated secret review for Wingale Solar and a resolution recommending the release of performance guarantee for Dover Solar and a resolution recommending the release performance guarantee for SRM Enterprises Inc. And then we had a discussion about the uh proposed draft plan community zoning law. And then we adjourn the meeting. I'll need a motion to accept the minutes. Motion made by So moved. Member Palmer, second by second. Member Vano. Discussion. Seeing no discussion. All those in favor of accepting the minutes say I. I. Any post say no. That motion passes 6 with one absence. Right now we have a public hearing for the lands of Pho accessory department. Did anyone sign up on the uh public hearing sheet? No one on the sign up. Thank you. All right. [Music]

Good evening. Good to go. Cool. Hi everyone again. Peter Sander from Renia Engineering representing the applicant. John Fila. Um, we have pretty straightforward application here tonight. It's a renewal of a site plan approval for an accessory apartment uh on an existing developed property. The accessory apartment was a 725 square ft uh accessory unit inside an existing garage. So, that's located on the second floor. approvals, I believe, were granted in 2003, but have since expired uh because we were working on getting the health department approval for the new septic system involved in the accessory apartment. We've since received that approval and circulated to the board for review just requesting the uh approval of a site plan for this again. So, with that, I'm happy to answer any board questions. Okay. Anyone any members of the playing board have any comments, questions at this time? No. You got to get a haircut, man. Come on. It looks good. I got to grow while I still have to. I'll take you to Tony's. Got that Tom Cruz look. All right. Well, seeing no second on member Palmer's resolution to cut uh hair, we'll move on. Thanks, everyone. Planner Warner, you have a memo for us? Um, sure. Yeah, last month we just went over the the site plan that was resubmitted and they met several conditions that were placed on the approval in 2023. So, those were all covered. Um, and we set the public hearing for this meeting. There was um it was also classified as a type two action. So, the only action that we have is to hold the public hearing. Otherwise, no comment. Thank you. Uh, engineer Burgerer,

anything to add? No comment. Okay. Attorney Palado. Uh, no comment. All right. Um, having heard no comment from our consultants. Does anybody have any comments or questions? Seeing none, I guess it's time to open this public hearing. All right. Right. Who'd like to make a motion to open a public hearing for the filer accessory department? Motion made by member Palmer, seconded by member Roman. All those in favor opening this public hearing say I. I. Any post say no. Okay. This public hearing is now open. Any members of the public wishing to speak uh with regard to file accessory department uh please come to the podium at this time. [Music] All right. Seeing no one approaching the podium, I'll entertain a motion to I'm pretty sure I know this is going to go. So I'll entertain a motion to close this public hearing. Motion made by So move member Palmer. Second by second. Member Lorobier discussion. No discussion. All in favor say I. I. I. Any post say no. 6 with one absence. All right. Um anything further to add? Nope. Not tonight. All right. Other than I'm not cutting my hair. It's got to get down to the shoulders first. I'll bring you up to Tony's. All right. Um so, Attorney Palado, then we are at the point where Yes, we have um this has been classified as a type two action at the last meeting. Uh you've held the public hearing. So, the next step would be to read the resolution and decide if you're ready to vote on the project. Okay. Resolution to grant site plan approval. File accessory department whereas the applicant John C. Fila has submitted an application for a minor special use permit with site plan

approval to allow the conver conversion of the second floor of an existing detached garage structure into a 725 ft two-bedroom accessory apartment known as a project on property located at 72 Rama Road Wingdale identified as tax parcel number 7161-00-507209 in the RU zoning district known as the project site. And whereas the project is shown on a site plan entitled lens of filer proposed accessory apartment prepared by Renia engineering design PLLC dated March 23, 2023 last revised April 29, 2025 sheet 101 and accessory apartment sewage disposal plans prepared by Reneia Engineering Design PLC two sheets signed by the Duchess County Department of Health on March 21, 2025 collectively known as the site plan set and whereas pursuant to section 145-12C of the town of Dober zoning law, one accessory apartment per single family dwelling may be located in accessory structure or principal building and the accessory apartment shall not be counted as a residential unit for purposes of determining density. And whereas pursuant to section 145-12C, the town of Dover zoning law, uh, no special uh, permit shall be granted for an accessory department without approval or certification from the Dutch County Department of Health on the ad adequacy of the septic system. And whereas the planning board previously approved uh the project on August 21, 2023, but approval expired on February 21, 2025. And whereas the applicant has resubmitted for site plan reapproval. And whereas a special use permit issued by the planning board on August 21, 2023 remains in effect. And whereas the applicant has submitted a short environmental assessment form or EF dated April 29, 2025 pursuant to state environmental quality review act or SRA. uh and and whereas on May 19, 2025, the

planning board classified the project as a type two uh seeker action. Uh and whereas uh by letter dated March 24, 2025, the county department of health indicated its approval of the project and whereas duly notice public hearing was opened on June 16, 2025, during which all those who wish to speak were heard. Now therefore be resolved that the planning board hereby grants site plan approval to permit the project as shown on the site plan set and authorizes the chair or his authorized designate to sign the site plan after compliance with the following additions. one payment of all fees in escrow. Okay, this resolution is being offered by so move member Vano second by second member Palmer. Discussion. Okay, seeing no discussion. Uh resolution to grant site plan approval file accessory department. Secretary, please call the role. Member Williams, I. Member Vano, I. Member Roman, I. Member Palmer, I. Member Lorobier I. Chairman Cortine I. Right. That resolution passes uh 6 with one absence. Congratulations. All right. Very cool. Thank you very much. Chairman McCartine, board members. Much appreciated. Thank you. Uh look forward to seeing you guys again soon. Take care. Thank you. With shorter hair. We'll see longer. Bye everyone. Goodbye. Bye. Good night. All right. Old business. Uh 198 Dogtail Corner, Ev um Evan Pendleton with Insight

Engineering Surveying Landscape Architecture. Um we're last before the board on March 3rd. Um seeking a special use permit for the project. Um project proposes a one-bedroom accessory apartment in accessory cabin on the site. Um just to recap, the project sites 4.3 acres um along Dogtail Corners Road. Uh it's currently developed as a single family residential lot. Um there's a wetland in the southwest corner of the site. Uh let me go to the uh here we go. Okay. So the wetland's fed by a covert under dog Corners Road um which then discharges to a stream that runs along the southern property line. Right. um and then feeds the 10 mile river. Um so when we were previously before the board um it was noted that we need either to upsize a cabin or uh obtain a variance. We were in front of the ZBA on uh March 12th. Mhm. Where we were granted a variance for the size of the cabin which is 399 ft um which is less than the 500 ft required May 12th. Correct. Right. Um so we got a updated memo from AKRF kind of outlining the revision for the project. Um, and based on what we could see, there's really two outstanding items. Um, one being the parcel jurisdiction from the NYSDC for

the wetland that's in the southwest corner. Um, and then two being health department approval for the septic for the cabin. Um, for the health department, we have testing that's scheduled for next Wednesday, um, the June 25th. Uh we also did update the site plans to show a conventional septic with a septic tank and gravity system to an absorption field below the cabin. We would see that on yeah that's shown right there. So okay in place of the holding tank it's a septic tank. Um and then we show a box for both a primary and expansion absorption area. Okay. So th this is the primary correct and this is the expansion correct. Okay. And the dotted line here those are soil boundaries. Soil boundaries. Okay. Um is there a set back from the the the small stream or the 10mi river? It's 100 ft which the is that this this line? Yep. The dark. That's what this line is. Okay. Correct. I see that now. So they're both outside of the 100 foot correct court. And where's the wetland buffer? That is the the 100 foot buffer. That darker dash line stream over the darker line, not the second one. You show this line. Correct. Yep. That's the lighter bold lines are the soil boundaries. So the darker one is the wetland line. The thinner one. Yes. That's wetland and stream corridor. Correct. They're both 100 ft. And it's it's the same correct. Yeah. Does that go what where's the existing system? It's shown this one the existing systems within is within the setback.

Okay. And you were able to squeeze it. Yeah. And it final design will be based on testing. Sure. Um other updates again for the DC uh parcel JD we had submitted um and the 90-day window had passed for them to provide a determination on the wetland. Um so we then followed up with a letter to the Albany office. Um they have 10 days from receipt to respond to us. Um if they respond then they will either provide a yes or no whether it's jurisdictional um or if they do not provide a response in 10 days then we have 5 years of it not being a DC wetland. I see. It's 10 business days though right? So correct. Yes. So when did when did you send the letter? So we sent the letter on June 6. Okay. And do you have did you send it in a way that you can see that they received it on this date? certified mail return receipt. So, when did they receive it? I haven't gotten the return receipt yet. Okay. So, they might not have received it as soon as the 8th or 9th probably. Yeah. But they might not have received it yet. Correct. But yeah, from the date of receipt, there's 10 days for them to respond. Okay. Okay. Uh, so just to be clear, there is no more holding tank discussions we had a few months ago about concerns of a holding tank. Doesn't matter because there is no holding tank now. Correct. Okay. Yep. Good. Uh, all right. And the ZBA uh gave you the variance for the size. Yes. Okay. All right. Um, I don't have any more comments or questions. Uh, member Vano, do I have any comments or questions?

Okay. Roman, remember little over Palmer? None. Remember Williams? Okay. Um, just cuz uh all the septic stuff and and setbacks and all that stuff. Let's start with engineer burger if you had anything on this. Nothing new. It's the they're going with health department approval, right? Which is what our concern was the holding tank, right? So that so as long as they go through the health department, everything else is fine, right? And the septic those pro septic field can be right up against the 100 foot buffer because it has to Yeah. The the new one is the the existing one's within the 100 foot, but that's an that's existing. Yeah. Right. And that's again the health department's going to probably require them to certify it's in good working condition even though it has nothing to related to their their project. Yeah. because it's still it's still they're still approving it. So, they're going to make them certified most likely. Then they'll be granted a waiver for a beam within the 100 foot, but that's outside because it's pre-existing. Yeah. Okay. Yeah. All right. I'm sure they'll do some type of note like that. Yeah. But all that's health department, so I I have no more concerns. Okay. All right. Thank you, Andy Berger. Uh planner winner. Um everything's been covered by the applicants. uh overview. So, I think we'll wait to see what DEC comes back with on that 10day um you know final warning of we sent this in. Um and uh we have recommendation that to set a public hearing. Um you know the board can can still do that if you're uncomfortable with the wetlands issue. It's something that can be kept open if we do uh or continued if we still don't know or if there's additional work required. Um but I think everything at

this point we have um enough to uh set a public hearing. Sure. Okay. Yeah. I don't think we could possibly approve it without hearing from the DEC. Either this is what we think or I guess 10 days goes by and then basically they're saying we don't care. Right. Right. Okay. Uh, anything else from your memo? No, we were confused about the uh, so our memo kind of assumed that the holding tank was still there, but Oh, okay. That's been clarified. So, um, okay. Joe has no concerns. Neither do we. Let me just look at it again. Okay. Right. This is a proposed temporary soil stockpile, correct? Right. Not not at all. And then proposed thousandgalon septic tank. But again, a septic tank leading into a septic field. Correct. Okay. Pro sewer line service. Pros clean out. Okay. That all seems normal. Uh, okay. Anything further, planner, runner? No. Okay. Uh, attorney palado. Um, I think all of our issues have been addressed except for the wetlands. Um, I don't think there's going to be a ton of public interest. So, I might recommend just waiting to set the hearing until uh we have all the information so we don't have to keep dragging them in and holding it over. I mean, so what we're waiting for is the DEC responds or doesn't which should which we should have happen in the next two weeks. I mean, if they say they receive it today, we should have it at a minimum before the next meeting if not before the next submission. Right. Okay. I mean, yeah, fine. I don't So then, yeah, I don't know if is there anything else besides that we're really That's I mean, that's all we're really waiting for. All right. Um, now, uh, so our next meeting is

first Monday of July, which would be July 7th, which is like a very long July 4th weekend possibly for some people. So, is there anyone who knows they're not going they would not be at the July 7th meeting? God willing, I'll be here. Okay. Yeah, I guess for everyone. Willing body able, I'll be here. You're not going to be here. You said no, the next one. The 16th. The second one in July. The 21st. Yeah. 21st. I won't be here. That's for sure. Okay. Okay. All right. So, I would think setting a public hearing for July 7th should be fine. I mean again there's no possible way. Do I have that the DEC wouldn't receive it for weeks and then they have two more weeks like right I mean if they the only time the only thing they can do now technically is is before the 10 days they um have to they can write a letter back asking for additional time or additional within the 10 days in that 10 days on day 11 they can't do anything. Right. Right. Right. By by their own statute. Yeah. So, by the end of this week, we'll either know well, we don't have any. No, they haven't received it yet. It doesn't count. So, it'll be Monday. All right. Right. Thursday is not a business day. Yeah. Monday. Um, so yeah, I mean, it's just there's a risk that they will either say they need more time or that, you know, it is a wetland and they're taking Yeah, I guess if they need more time, we would if we have the public hearing July 7th, we would just extend it to Yeah. Yeah. Whatever. Okay. I do have a question for the engineer. Yeah. Since you're using GIS location in the wetland, I presume, correct? Yes. If the DEC doesn't comment, is there a chance the health department's going to ask you for it to flagging because they're probably potentially? Yeah. I mean, the health department's probably bagging uh

a deferment to the DEEC right now as they typically do, but the second they hear DEEC is no longer or may not be involved, they have the right to ask for it to be delineated. Correct. Okay. So you're just taking that chance. Yeah. I mean, right. So the note says approximate limit of freshwater wetland based on GIS topography and aerial imagery. Yeah. If you guys remember from the sitewalk, um it's a steep slope down and then flattens out the wetland. So it's it's but it's our own risk if the department requires delineation and they and the delineator brings it 15 ft closer to the house or further away, whichever you want to call. Yeah. Right. That's they have to change the town. And it's not just the wetland area, it's the stream that runs to the 10mi river, too, which is pretty defined. The stream was survey located. It's already I think the stream you're pretty safe. Probably safe there, but yeah. 100 foot you're safe at. It's a wetland boundary here. Correct. Right. So that So the distance from this line to this line is 100 ft. Yes. Okay. So then you need to be 100 ft from this line for anything. Yes. which and we don't know where that line is. You just you just didn't continue this line up this way. Correct. Because you're not proposing to do anything over there. Yeah. And also if it's not a DC wetland, um it doesn't really have a regulated buffer, right? So even if they if you know even if they said you have to flag it and then you flagged it and you're like, well actually it's here, you're still it's still like way you're way over 100 ft. Okay. You're still safe. Yeah. Yeah. Yeah. I just wanted to point that out. Sure. No. Yeah. Okay. Um Okay. Um is it worth going through seeker tonight then if we're going to schedule a public hearing? It's already a type two type two action. Yeah. I just wasn't sure if you needed to.

I thought we already did that. Whatever we do seeker will help them with the health department. I think we held off because they've only been here for the GBA I think. So, well, I mean, we can do that if you want to make a motion or we can do it tonight. Do it by motion. If you did it tonight, it will help them with the health department. SNYC RR 617.5C9 is construction or expansion of a primary or accessory non-residential structure or facility involving less than 4,000 ft of gross floor area would make it type two or being a single family or two family home would make it type two. So it's either way it's a type two within those categories. Okay. So could just make a motion to make it type two and make it easy. Um let me uh give me a moment. Motion to classify the project as a type two action. Yep. Let me see something. I actually had a resolution done before meeting the hearing. You have any other one? Okay. Yeah, I guess we don't need all this, but uh I was just looking at the the one from the file accessory department. I have one drafted already for this project. I can email it to Marilyn and just change the date. But I mean, it's fine. It's I mean, it's pretty simple. Okay. So, uh motion to classify the action. Uh 198 dogtail corners. Uh um motion to uh classify the action as a

a type two uh uh secret action. Motion made by move member Williams. Second by member. Discussion. Seeing no discussion. Well, just one thing I guess I mean at the next meeting maybe just to make it very formal. We can have a resol, you know, something that's like Yeah, we can we can formalize it in the resolution. Yeah. But Okay. Right. We don't lose track of it. All right. Any further discussion? See further discussion. All those in favor say I. I. I. Any post say no. Okay. That's 6 with one absence. Um okay. So type to action seeker. Uh and then uh so we should set the public hearing for July 7th um because we'll likely have the information that we and the public would need to kind of fully understand everything about this project unless the DEEC comes back with we need more time and then we still open the public hearing and then if we think I mean probably we'd probably just end up continuing it then at that point just depending on what they would possibly say. All right. Uh motion to uh set a public hearing uh for uh um for 198 Dogtail Corners Road for uh Monday, July 7th uh 2025 at 7 p.m. or soon thereafter as a planning board can uh hold a public hearing. Motion made by So moved. Member Roman, seconded by second. Member Palmer. Discussion. Seeing no discussion, all those in favor say I. I. Any post say no. Motion passes 60 with one absence. Uh, anything else we need to address? I go with escrow. No, not with this. There's no issue escrow issue. Okay. As far as I can. All right. So, uh, just um, anything further

you wanted to add? No. Okay. So, just uh be sure to see um our planning secretary um or have someone in the next day or two because you got to put out a sign. Um Okay. Yeah. And uh give me a second. Yeah. Oh, no. It should be fine. I was just thinking about the dog corners is a very curvy road and depending on where you are and you put a sign, you might be blocking people's view. So, I don't think they would happen there. Okay. Um Okay. Okay. Yeah. Just uh have someone see uh Miss uh Miss Van Millan and you know next uh Well, you're here tomorrow and Wednesday, right? I'm here tomorrow and Wednesday. Yeah. Okay. Okay. Great. Thank you. All right. Thank you. Thank you. Uh, Ryan. Yeah, Victoria sent to um resolutions to me on my email, but I have to get into that laptop in order to get them. This email? Yeah, those I got to download them and then prompt them. You can just read them for right this second. You just read it from the This one's uh rush even though it says the work states. Okay. I I mean, chairman, you've you've read this 26 times prior. I'm not sure you need to read the whole thing again. I opened the email. That's the attachment. No, don't open it. You have to download it. Okay. Record back. Can you download it after? I think we just need the sure for right this minute. Okay. Um, back from the Yeah. Surely you're not going to read the whole thing. Is this your first meeting, Member Williams? It is not. Uh, all right. Uh, request for extension do Estate

Subdivision, Mr. Riano. And then also, you're here for Rushiano erosion sentiment control. Yes. Yes. Good evening. Good evening. And I did see Tony for his haircut. He's It's a call back. It's a call back. Nice for being sponsored by [Laughter] All right. That's not you. Oh, right here. Mhm. Okay. So, there's uh this is uh your request letter. Okay. And uh well, that's it. Yeah, that's all we got. No, there's two two request letters, one for each. Oh, okay. They're attached one right after the other. It's all in the same PDF. Yes, it is efficient. Yes. Uh, right. Unlike these long resolutions, I could rewrite them, I suppose, and just say whereas every single year since. Yeah. All right, Mr. Riano. So, you're looking to Let's I mean, they're two separate things. Let's treat them separately. Uh the first one is um Dover Estates. Yeah, it's the second email. All right. The first one is the 24th extension for Dover State. Do state subdivision. Yes. Okay. So 24 I think. All right. So, attorney Paul, if you could just give us again a little very briefly history here. So, I mean, there is a subdivision. It's been subdivided. It's been subdivided and the plat's been filed. And so, this is to

create the the private road driveway that's going to serve those homes, right? Off of Royal Avenue. Correct. This is off of 22, right? And normally we don't want to extend approvals this long because they get stale. But um because it's erosion and sediment control, they're going to have to do this work anyways. Um and that they well without going too much detail, it's in the best interest of the town to keep renewing this permit so that um it it ensures that they're following a good plan and the work's just not going to be done, right? Um higgledy piggledy. I'm sorry. That was a yes for something. I All right. Uh so can you spell that please? Uh okay. So um I mean this at some point I know the the the um zoning update committee of the town is looking to just do that update the zoning. I believe they're going to make it so that there's a limit on to how much how many times how long you can get renewals. Okay. So, it could be that at some point here, maybe you got a couple more renewals, but at some point the the the town law might be might handcuff us to be like, we can't renew it again because yeah, the town law is now we can't we can't do that. I get it. Um so again so you're um so again you're just this is for so right right this one is about the properties because it's been subdivided off of rural avenue um for the work that we done there and then the other resolution is for the property up on Cricut Hill because the soil is going to go from there to the other place. Correct. Okay. Yes. Yes. Yes. Go hand in hand. One thing with this is um I noticed your Department of Health approval is going to expire. Yes. As soon as I get a new one. It's it expires in I believe in September. Mhm. And as soon as we get a

new one, we'll update the file. We'll send it into you. Okay. All right. I mean, it it's it's valid now. It won't be valid in a few months. Right. Okay. Any members have any comments, questions, other consultants? Okay. All right. Resolution granting or extension of erosion semicontrol permit approval do state subdivision. Uh whereas on August 1, 2011, the planning board granted conditional final approval to the subdivision plat entitled Dover States Town of Dover sheets 1 through 14 dated 10214 last revised 611 prepared by Northern Westchester Civil Engineering PC and granted an erosion control permit for disturbance shown thereon. Uh and whereas pursuant to section 65-8K of the code, the planning board may grant an extension of time to complete the work contemplated under erosion sediment control permit if in its discretion the planning board finds that such extensions is warranted. And whereas on December 19, 2011, the planning work granted the applicant a 6-month extension of time to February 1, 2013. probably supposed to. Okay. To complete the work, contemplate another permit and then again and again and again and again again again. Okay. So then uh the applicant has requested an additional extension of time uh to complete the work. Okay. So right whereas on June 17, 2024, the planning board granted the applicant a 23rd extension of time to August 1, 2025 to complete the work contemplated under the permit. And whereas the applicant has requested an additional extension of time to complete the work authorized under the permit. And whereas permit renewals are type two actions under SICRA. And whereas by letter data June

15, 2023, the applicant provided confirmation that the cost estimates for the performance bond uh were still valid and the department of health approval uh had been extended through September 19, 2025. Uh and whereas the planning board engineer has determined that the cost estimates from 2023 are valid through the requested extension period. And whereas the planning board has considered the particular circumstances of the applicant which warrant an extension thereof. Now therefore, be it resolved that the planning board hereby grants the applicant a 24th extension of time to August 1, 2026 to complete the work contemplated under the erosion center control permit as shown on the approved plan entitled Do Estates, Town of Dover, sheets 1 through 14, dated 102104, glass revised 611, prepared by Northern Westchester Civil Engineering, PC, subject to satisfaction of the conditions set forth in the resolution adopted by the board on August 1, 2011, subject to the following conditions. One, within 30 days of this resolution, confirmation that all fees in escrow have been paid. Fail failure to sub satisfy this condition will automatically void this extension. Two, within 30 days of this resolution, confirmation that the required performance guarantee $16,45 will remain in full force in effect until at least August 1, 2026. Failure to satisfy this condition will automatically void this extension. Be it further resolved that before the authorized official may issue a certificate of compliance, the planning war engineer shall provide the authorized official with a written statement indicating that all work authorized in the permit has been completed in accordance with the approved permit. This resolution is being offered by moved member Palmer. Seconded by second member Roman. Discussion. All right. Seeing no discussion, a resolution granting extension of erosion center control permit approval to overstate subdivision. Secretary, please call the role.

Uh, member Williams, I. Member Lano, I. Member Roman, I. Member Palmer, I. Member Lar Roadier, I. Chairman Cine, I. This resolution passes 60 with one absence. All right. It's a tough one. Uh let's see. Okay. And then this one. Okay. All right. So again, we discussed it a little bit earlier. So again, the idea is that this is for 20 236 and 246 Cricut Hill Road. That the soil from the properties off of Rural Avenue would be trucked correct up to the properties on Cricut Hill. Yes. Road. Uh and because of the engineer Burger the acreage of disturbance there and the acreage of disturbance up on Cricut Hill Road requires erosion set control permit. Correct. Right. Okay. Uh anybody have anything further to add? Okay. Resolution granting extension of erosion control permit approval. Rushiano erosion sub control permit uh for property address 20 236 and 246 curricul road. Whereas on February 1, 2010, the planning board granted the applicant Peter Rushiano an erosion of control permit for disturbance as shown on the plan entitled proposed fill plan rushiano property prepared by John Mayor Consulting PC dated 77209 last revised 162010 to expire on February 2, 2011 subject to several conditions including submission of a performance guarantee in the amount of $3,000. And whereas on October 4, 2010, the planning board granted the applicant a 6-month extension of time to August 2, 2011 to complete the work contemplate

another permit. And whereas whereas whereas whereas on June 17, 2024, the planning board granted the applicant a 26th extension of time to August 2nd, 2025 to complete the work contemplated under the permit. And whereas the applicant has requested an additional extension of time to complete the work. And whereas pursuant to section 65-8K of the code, the planning board may grant an extension of time to complete the work contemplated under an order set control permit if in its discretion the planning board finds that such extension is warranted. And whereas permit renewals are type two actions under secret. And whereas by letter dated June 15, 2023, the applicant provided confirmation that the cost estimates for the rush performance bond were still valid. And whereas the planning board engineer has determined that the bond estimates provided in 2023 are valid through the requested extension period. And whereas the planning board has considered the particular circumstances of the applicant which warrant an extension thereof. Now therefore be it resolved that the planning board hereby grants the applicant a one-year extension of time to August 2nd 2026 to complete the work contemplated under the erosion sediment control permit as shown on the approved plan entitled proposed fill plan rush property by John Meyer Consulting PC dated 77209. uh as last revised subject to the following conditions. Uh one, within 30 days of this resolution, confirmation that all fees in escrow have been paid. Failure to satisfy this condition will automatically void this extension. Two, within 30 days of this resolution, confirmation that the required performance guarantee $3,000 will remain in full force in effect until at least August 2nd, 2026. Failure to satisfy this condition will automatically void this extension. Before resolved that before the authorized official may issue a certificate of compliance, the planning board engineer shall provide the authorized official with a written statement indicating that all work

authorized under the permit has been completed in accordance with the approved permit. This resolution is being offered by moved member Palmer, seconded by second membero. Discussion. Do do you have a realistic start and end date for this project? I I I know it's it's a hard question to answer. I understand. So, we you know, we we have we're a family business. I understand. And you know, we have other projects. Mhm. And um you know, we're just hoping to squeeze it in sooner than later. Gotcha. Okay. Sure. Sooner than later. All right. Any other comments? No is a better answer than some. Do you have the approval? You're just keeping it alive. Thank you. Okay. Ask that. Yeah. I wanted to give you more of an optimistic. Oh, okay. It's fair. Later is a little bit more optimistic than no. Fair answer. Anything further, member? No. All right. Any further comments or questions? Seeing no further comments or questions. Resolution granting extension of erosion set control permit approval. Rushiano erosion set control permit for property address 236 and 246 Cricut Hill Road. Secretary, please call the role. Member Williams. I. Member Lano. I. Member Roman. I. Member Palmer. I. Member Lar Roier. I. Chairman Cine. I. This resolution has uh been adopted. 6 with one absence. M. Rana. We'll see you next year. Thank you. Thank you. Maybe I mean I don't know. There's the zoning. Stay positive. Yeah. But I mean, even if

the zoning changes, he would have the right to reapply. What? I said, "Right." What? I didn't hear what he said. Even if the zoning changes and says you can't give extensions, he still has the right to reapply. Sure. So, we would Right. Yeah. Thank you. Thank you. Have a good night. You, too. as well. Okay. So, our next scheduled meeting is July 7, 2025. Deadline is uh this Wednesday, June 18th at noon. Right. Okay. So far, as of now, we have a public hearing. That's it. Okay. And then we have a meeting on July 21 uh with a deadline for July 2nd. Okay. Any further business before the planning board? Okay. Seeing no further business before the planning board, I make a motion to adjurnn. Seconded by member Roman. All in favor say I. I. I. We'rejourned.