Plan & Zoning - Regular Meeting

You know what, we should start doing commercials and like using the money as a slush fund. Okay, all right, we are live.

We are live, all right. Okay, good evening, ladies and gentlemen, and welcome to the August 4th, 2026 meeting of the Orange Town Plan and Zoning Commission. I am Commissioner Ozzie Parenti, and with us this evening, let's start down at that end of the table.

Jay McGuire.

Kevin Cornell. Tom Tarenti. Paul Kaplan. Steve Hoschka, Zoning Enforcement.

Jenny Bowser, Recording Secretary.

All right, good. We're all here. Hope everyone's having a good summer. It's been a while since we met. We didn't have a second meeting in July, so... Anyway, let's get to our agenda. First item is a review of the minutes of the July 7, 2026 meeting. Those were emailed to us a day or two ago, right? Anybody have a chance to look them over? The only comment I had was on the third page. SECOND PARAGRAPH, CHRIS ELLIOTT, REPRESENTING BIG Y, CONFIRMED THE TIMEFRAME OF THE MEETING SCHEDULES DUE TO THE START DATE OF THE PROJECT START DATE. IT JUST SEEMED A LITTLE BIT GRAMMATICALLY INCORRECT OR WHATEVER, BUT IF YOU COULD FIX THAT, I'M ALL RIGHT WITH THE REST OF THE MINUTES AS IS.

HOW ABOUT DUE TO THE PROJECT START DATE? THAT MAKES MORE SENSE. YEAH.

Other than that, I had nothing else. Anybody? Jay, you all set? Okay. All right. Then a motion to approve the minutes, please.

So moved.

As amended. We have a second.

Second.

It's been seconded. All those in favor? Aye. Abstain. And Kevin abstains, Jenny. He wasn't, yeah.

Thank you.

All right. Next item on our agenda is old business. Does anyone have anything they'd like to bring up under that topic? Owen's doing some work for us on the parking district. So he's figuring out a way to make application for that, because there's no application form available yet. So he's giving me a draft to take a look at. I'll take a look at that. And I don't know, maybe we'll get it on our agenda for the next meeting. And he also did a draft housing plan. I don't know if you saw that, Mr. Steve.

I haven't seen the housing plan. No, so that might be sitting in my email right now.

I got it a couple of days. I just hadn't paid attention to it, to be honest with you. But I will do that. And maybe we can get that on our agenda to talk about at our second August meeting. OK. Anything else on the role of business?

I just had a quick question for Steve. Prior to you starting here, we changed some language regarding housing and one of the potential applicants was a project, gonna be a project behind the, what is that, DSW? Yeah. Yeah. Have you seen any site plan applications coming in under that line?

Yeah, so we do have an application in for wetlands commission. They'll be appearing before them for the first time to do their initial presentation on the 11th. Okay, thank you. That's on Peck Lane. Yep, Peck Lane. 271 Peck Lane.

All right, if nothing else under old business, anything under new business? All right, then we'll move on to the report of the zoning enforcement officer.

Steve, what can you tell us? Recently, I've been spending some time on the post road with the signage. that are going on there. I know we had spoken about it initially when I began. There's a number of leasing signs from companies that can be taken down and should be. I have some window coverage issues. I came up with a list I had put together and I'm in the range of, I think it's 22 or 23 stores or plazas I have to go to. So that's gonna be happening in the next week or two. That's good. Signage is tough. I don't think we'll need security there, but yeah. It's tough. It's one of those things where you make some good headway and then you turn around and a new business had opened or something. And EUIs.

Not necessarily involving those properties, but in that neighborhood. It was a larger parcel of property than we... All right.

Opposite Firelight?

Yeah. Yeah, in that neighborhood.

You're not talking about Buchholz years ago, are you?

No, I don't think so. No.

That was way back. Yeah, I don't remember. All right.

Okay. Anything else, Steve?

No, not at this time. All right.

All right. Well, then the only matter on our agenda really tonight is the – Application for Special Use Permit by Big Y. You know, at the last meeting, the applicant presented their application and I think answered all our questions. The one thing we wanted to wait for and the reason why we continued the meeting was to see what the Traffic Commission had to say about traffic GENERATION IN THAT AS A RESULT OF WHAT IT WOULD BE LIKE AS A RESULT OF AN APPROVAL.

SO I THINK WE HAVE INFORMATION ON THAT, RIGHT, STEVE? YES, THAT'S CORRECT. THE TEAM FOR BIG Y WENT BEFORE THE TRAFFIC COMMISSION ON THE 13TH OF JULY AND GOT A FAVORABLE APPROVAL OR RECOMMENDATION. I'M NOT SURE WHICH IS THE EXACT LANGUAGE THEY USE, BUT THEY WERE, THEY GOT THE OKAY.

OKAY.

There are no other municipal department heads that need to sign off on the application? No. It's all been reviewed? Correct. Okay. And the only other thing we wanted was a little time to review the traffic report that they provided. And I had a chance to do that. And basically, I don't know, the upshot of it, maybe we'll ask the applicant to speak to it, but what I saw was basically there's sort of poor traffic congestion as it is now, and it's not going to get any better or any worse. Well, that's the same intersection where the Christmas tree shop was, right? Yeah. So I wouldn't expect it to be a heck of a big change.

I mean, technically, the traffic engineer gets... uh background information from the state and it would have included the entire christmas tree shop occupied as it is today so the only change is 600 square feet right so you know that it's not going to change yeah and then the the other thing uh tom brought up the good point at the last meeting that um

there was no, there were other approvals that are a part of the special use permit approval, like a site plan, the architecturals, soil and sediment control plan, and what else am I missing? That may have been it. That may have been it. So I think at this point, we received all those applications, those sub-applications, because I think they're all necessary because they're a part of special use permit. So we're not really voting on the site plan tonight or the soil and sediment control, erosion control, but we're voting on the special use permit. And I think that takes care of all the sub applications.

Is that the way you read it? Yeah, I would say the commission should make a vote on the site plan review itself too. Okay. And it could be done all at once in the same motion, but I think we should acknowledge that.

All right. So tonight we have the applicant is here by Zoom, right? Where is he?

Yes, yeah, we are here.

Okay.

I don't know if you can hear me or not.

Can you hear me? We can hear you. We can't see you.

Hmm. Interesting. Why would that not come up? Let me see if... How's that?

Oh, yeah. Very good. I recognize you, definitely. My head looks a lot bigger than it is in real life, but... So is that a decent summary of where we are at this point?

Yes, you know, subsequent to the last meeting, as staff has indicated, we went before your traffic commission and received a positive referral. We submitted the full application for the soil erosion sediment control. I guess that's really a certification you're asking for. And then we submitted the other permit, which was the site plan. Let me pull it up while I'm looking at it. The site plan application, architectural standards supplement and the site plan application. Yeah, so those are have been submitted signed and sealed in accordance with your regulations and we also submitted officially. An updated site plan there were a couple of minor modifications made to that including the architectural plans at the very end that included detailed descriptions of the materials and colors and There was a minor modification to the electric Generator set up in the back of the store the the architect and MEP made a slight change to that so we wanted to clean it up and we picked it up in that in that application. So you have all that material before you now.

Right. If you have your regs with you, it's 383-133. Lays out what is required in connection with the special use permit application. Is there anything you want to draw to our attention that changed on the site plan?

Yeah, again, as I mentioned, just a minor change in the back. Behind the loading area, the electric generator, there's one piece of equipment that they switched out. That's included in the site plan set. You probably won't notice it on the site plan, but the detail sheet, I think it's the, let me pull up that detail. I think it's SD-2. SD4, I'm sorry. There's a modification to the automatic transfer switch. A very slight change from what was there before. And then of course we got the updated information from the architect. And those plans that you have in the plan set, the last two pages are the latest. Now, plan that the architect had made changes to that are reflective of the current design plans that they're going forward now, putting together building plans based on those 2 sheets that you have in the back of your site plan set. And then the architectural, the supplement site plan supplement for the architect has cut sheets. Of the building materials, the stone, the colors of the stone, the colors of the siding things of that nature. So you can get a better feel for a little more detail than some sheet a dash 401. But I believe everything is comprehensive and I think you have everything in accordance with your zoning regulations to to act on that favorably tonight.

Does anyone have any further questions for the applicant? I got what I was looking for at the last meeting. Kevin, I know you weren't here last meeting, but I know you saw the meeting.

You watched the meeting. Yes, I watched the meeting. It was a very nice presentation, but it's much better to see you without the cap. You should project out there more for us. Any changes you've brought up between that presentation and now are all happening within the same area of the temporary generator ATS landing anyway. It doesn't affect our work. The additional details on the soil erosion and sediment controls are for an area that's, because of the way it's pitched and the minor disturbances that are happening, there's really just catch basin control for silt bags. So whether it's uncharacteristic or not, I didn't really have any questions. All right.

All right, then I guess it's appropriate that we close the public hearing unless anybody objects. Move to close the public hearing. Well, wait a minute. Hold on. I can see there's nobody in the audience here on this matter, but I'll ask anyway. Anybody in the public wish to speak in favor of or against or about the application? Let the record show there was no response because no one was here. All right, then. If someone's prepared to make a motion to close the public hearing, we could do that. I'll move that we close the public hearing. All right, we have a motion to close the public hearing. Second? Second. Okay, all those in favor? Aye.

Who was the second? Tom, okay. I don't like the setup either, Kevin. I can't see, and I can't hear. Thank you.

All right. Well, again, as I mentioned before, the application before us is an application for special exception permit or use. And... It's brought under Article 11 of the zoning regulations and Article 13, Section 383-121. So under the first section I referenced, 33-90, that weighs out what the permitted uses are and uses permitted by special exception. in the light industrial three zone, which is where this is located. So 383 allows for stores and other buildings where goods are sold or services provided primarily at retail provided minimum lot size is at least two acres. Building square footage does not exceed 5,000 square feet per acre on properties containing less than five acres. and 6,500 square feet per acre on properties containing five or more acres. And the proposed development makes adequate provision, in the opinion of the Commission, for access management and for ameliorating traffic impacts. And finally, it requires a minimum frontage of 200 feet. Seems to me all those items are complied with. And then the other regulation cited is 383-121, which is our outdoor storage and outdoor displays regulation. And what that requires is Actually, it requires a lot of things, and I asked Steven to go through them in detail, and he did. I think the only question you raised was as to square footage of the outdoor display area, right? It can't be more than 400?

Yes, that was something I had looked at earlier. Well, if you don't mind me stealing this, because I don't have that in front, you know, in my head. Either way, it was...

It was well below the 200 square foot. Correct, yeah.

So there wasn't an issue in my, from my review.

Yeah, I mean, specifically what I'm looking at is 383.121D. 2, which gives the standards for light industrial districts 1, 2, and 3. So, I mean, there's nothing, you know, that's the only real, that requires a separate approval. And it's part of the site plan, I mean, the special use permit application. So I didn't see any issue with that. And other than that, you know, referring to Section 383.131 is our... 131... It covers special uses. You know, it gives the general standards, things that we need to consider in order to... Make a favorable finding on an application or unfavorable finding. Specifically 383-136, so they call out the size and intensity of the proposed use and the size of the lot on which it is to be located. The effect of the proposed use on any adopted comprehensive plan of development for the town. Capacity of adjacent and feeder streets to accommodate peak traffic loads and any traffic hazard that may be created by the use. The effect upon property values and appearance in the neighborhood taking into account the topography of the lot and the character location and height of the proposed buildings and structures. Number, location, and arrangement of off-street parking and loading spaces. Fire and police protection needs. Water supply. drainage and erosion problems, and the arrangement, design, and nature of any buildings and structures. I didn't see anything in there that gives me cause for concern about this, about having adequate grounds to grant a special use permit. So that's, you know, I think, as I said, the parking is, I mean, the traffic is what it's always been, or what it... Maybe a little less. Maybe, but I mean, you know, the... I know there are vacancies in that complex.

Probably going to be more than it currently is, but nothing that hasn't been there before.

Right. And the way you look at it is by assuming that it's fully occupied, which is what was done. So I have really no issue with the application. Actually, I think it would be a good addition to the neighborhood. I think it's... you know, harmonious with other buildings around it. There's been no testimony that it would, you know, adversely affect property values or unnecessarily or, you know, badly affect traffic. So I don't know, I see no reason not to approve. Anybody have any comments?

I would think, as you said, that it's objectively meets all of the criteria for granting the special use permit and the general. And so I would think that it could be favorably approved. As a question of procedure, if I was not at the first meeting, but I viewed it, and I'm at this one, should I recuse myself or can I vote?

I don't think we've ever done anything like that. Okay.

No. You're good to go.

Okay. All right. And then the only other thing is, you know, is it consistent with our plan of conservation and development? And I know there's language in it. I don't have it with me, but I know there's language in there about supporting and enhancing, you know, commercial... And repurposing existing buildings. So with that in mind, no reason to belabor it. If someone's prepared to move that we grant the special use permit, because again, I think that's the applicant. I'm happy to do a vote on the site plan. I think it's important. But again, I think the site plan is part of what needs to be a complete special use permit application.

So you think by doing the special use, the site plan gets dragged along with it?

Yeah, I mean, I say that because if you look at If you look at 383.133, it talks about an application for special use. And that application needs to be accompanied by an application for certificate of zoning compliance and also a statement of use, which is in the application, a site plan, architectural plan, soil erosion, and other.

It's not applicable here.

So, again, I just think it's part of the special use permit application.

Okay, I'll make a motion.

Good.

All right, I'll move that we approve the site plan application and architectural review submitted by Big Y Foods Inc. Oh, and special permit. Sorry. That's okay. And special permit submitted by Big Y Foods for property known as 200 Indian River Road. for reasons that are articulated here, but in essence, it's harmonious to the plan of conservation development. We have reviewed the site plan, and for all of those reasons, I would move that we approve this application.

Okay. Does your motion include approval of the site plan? I think you mentioned the site plan and then mentioned the special permit. And special permit as well.

All right.

Do we have a second of the motion? Second. All right. Jay seconds the motion. All those in favor? Aye. Aye. Aye. Okay, very good. Welcome to Orange, Big Y. So where are you going? Thank you very much, I appreciate it. The voice is there. Bye now. Okay, got it. All right, so that's... Thank you, this is... That concludes our agenda. Move to adjourn. We have a motion to adjourn, a second. Second. Second by Commissioner Tarenti. All those in favor? Okay, thank you very much.