June 18, 1996 Regular Meeting

TtTESDAY, JUt~'E 18, 1996 -REGULAR MEETING

The Regular Meeting of the Planning Board of the Town of Monroe was called to order at 8:05 P.M., by Chairman Jeffrey Rosenfeld. Present were Members Cohen, Cappola, Cobb and Finnerty. Consultants present Engineer Rothenberg, Planner Dot- son, and Attorneys Donne]]y and Lipman.

PUBLIC HEARING - MANDEL, BERNARD

This is a public hearing on a two lot subdivision. Appearing on behalf of the applicant were project attorney, Bernard E. Davis, and project engineer, Gerry Zimmerman. The Chairman read the public hearing notice and asked the applicant to briefly describe the project.

The Chairman then asked for questions or comments from the public.

Mr. John Kosowitz, Catskill Ave., Monroe, New York had several questions:

1. Has concerns about the astetics value of the neighborhood. Right after the last subdivision, the truck showed up, there were piles of dirt everyday; is that the concern of the owner now?

2. Problems with the wells, the levels are bad, but not dry.

3. Sewer System - It goes into a 3 inch pipe, is the existing ad hoc septic system capable of handling it.

4. Roads in the azea are old, narrower than most, and there are hairpin turns. These are his concerns with regard to the proposed increase in homes in the area.

Tom Robinson, of Mountain Avenue, Monroe asked: (1) with regard to the wetland problem in the area, "whoever the idiot is who declared this a wetland doesn't know what they are talking about; (2) There is a big problem with water in the area. His well went dry last summer. He would like monitoring of ali the other wells in the azea.

Member Finnerty commented this a hearing for one new lot.

Mr. Robinson continued that he would just like the wells monitored. Last summer his well went dry. He just paid $2,000 to get his well re-drilled.

Member Finnerty commented this is for one house. There is already an approval for one house on the parent lot.

Mr. James Vilardi, 13 Mountain Avenue, Monroe commented that he wants to reiterate the same concerns he has already heazd tonight. He lives right next door to Mr. June 18, 1996 Regular Meeting

Robinson, and he goes along with everything he has said. It cost him $4,000 to go down. When you start putting houses in, the water level goes down. He had to go down to 300'.

Mr. Tim Roper, corner of Catskill and Monroe Avenues, Monroe asked iFthese were single family homes. He is a hydrogeologist. He thinks the water situation needs to be looked at closely.

Mr. Lee Podgersky, corner of Mountain and Lakes Avenues, said he wants to know the whole idea of what they are doing there. What are the plans for all the other acres?

Mr. Davis responded that "my client has no other acres." He explained the zoning and that this application is only fora 2.38 acres parcel of land. Member Finnerty asked Mr. Davis to explain the whole subdivision, including the previous one. Mr. Davis explained the first subdivision, adding that all the applicant is looking for is one additional lot, so you are going to end up with tour [ots on the entire parcel.

Mr. Podgersky asked how many other houses are going to be on the other two lots. Mr. Davis answered that there will be a total of four houses on all the lots.

Mr. Davis stated that, as of right now, there are three sewer pernuts that have been issued. The original septic shown on the map will never be used. As soon as this process is completed, then the applicant goes and applies for the other pernut.

Mr. John Shea, III, of Monroe, said that he had a question regarding the sewer moratorium and how did this guy get there before them. They have had their application in for years. Member Finnerty responded that "you are in Sewer District No. I; this project is in Moodna.

There being no further public comment, a motion to close the public hearing was made by Member Cohen, seconded by Member Finnerty, and passed unanimously with all members voting.

ARONSON, JAMES PUBLIC HEARING

The next public hearing scheduled was that of James Aronson for a two lot subdivi- sion. The applicant, Mr. James Aronson was present, together with project engineer, Lew Powell. As Attorney Lipman has previously recused on this matter, Alternate Attorney Donnelly appeared for the Boazd.

Chairman Rosenfeld commented that, in advance of opening the public hearing, he would like to suggest that, in light of Steve Tarshis' letter, with the approval of our June 18, 1996 Regular Meeting attorney, he would request that this public hearing be held open, so that they may add their own comments.

Attorney Donnelly commented that Mr. Tarshis has fully explained his position. He doesn't know what else he could add. He is not trying to cut the man off, but just because he could not be here, that doesn't mean the hearing has to be held open.

Chairn~an Rosenfeld asked "do you believe there is enough to leave it open based on this letter?" Mr. Aronson asked if there are any new issues raised in the letter?

At 8:26 P.M. Chairman Rosenfeld opened the public hearing, and asked that the application be briefly described for the benefit of the assembled.

Mr. Powell explained the project, adding there is a question raised by Mr. Tarshis which he believes has been answered by the Board's attorney.

Chairman Rosenfeld asked if we have received any other comments. Attorney Don- nelly commented the issues are the ones raised in Mr. Tarshis' previous correspondences, in which Mr. Tarshis brought to this Board's attention his interpretation that ali of the lots not be smaller than five acres in size. Attorney Donnelly responded to Mr. Tarshis' concerns, after his review of everything and doing legal research, and it is his opinion that we do not have to limit the subdivision to lot no smaller than five acres in size. It appears that, at that time, the applicant intended to pursue a zone change. The applicant did not do that, and no zoning change was made. Mr. Tarshis has now written three letters. He asked that this most recent correspondence be received by you at tonight's meeting. However, it is his opinion that you need not keep the hearing open, but first he thinks we should formally include this letter as part of the record. He doesn't know if we have to read the whole thing to the public.

Chairman Rosenfeld asked if there are any issues which ue new. Attorney Donnelly responded no. Chairman Rosenfeld commented that he would like to poll the board relative to closing the public hearing tonight. Member Finnerty ask if this belongs in civil court. Attorney Donnelly commented that Mr. Tarshis wants to bring to your attention what was the intent of the developer back in 1992. He is trying to explain what he thinks you and the developer planned back in 1992.

Chairman Rosenfeld commented that he doesn't particularly like the idea of someone asking us to alter our procedures because they are on vacation. We have examined this application, and, personally, he feels there is no reason to keep the public hearing open and keep Mr. Aronson from his plans. He would ask for a vote on this.

Mr. Aronson stated that there are several things which Mr. Tazshis has said which are not true.

A motion to close the public hearing was made by Member Finnerty. However, there June 18, 1996 Regular Meeting was no second.

A motion to hold the public hearing open was made by Member Cappola, seconded by Member Cobb, and passed by a vote of 4/1. Chairman Rosenfeld voted against the motion.

Member Cohen commented that, for the record, we have kept the public hearing open.

REGULAR MEETING

The Chairman opened the Regular Meeting by leading the assembled in the Pledge of Allegiance. The first item called was that of Harriman Business Pazk.

I~ t Iu : ~ 1'~►f BTJf. : .

This applicant is seeking a six month extension of the preliminary approval for this project.

A motion to grant a six month eactension of the preliminary approval granted to this project was made by Member Cohen, seconded by Member Cobb and passed una- nimously with all members voting.

FOOTHILLS

The secretary announced that she had just received a request from Engineer Rothen- berg for a six month ea~tension of the preliminary approval for this project.

There ensued a discussion between the board and legal counsel on this matter, and the fact that the request had just been received. Engineer Rothenberg said that they aze now before the DEC, and although he doesn't know off hand the exact expiration date of the current approval, he wants to make sure there are no lapses.

A motion to grant a six month ea-tension of the approval was made by Member Finnerty, seconded by Member Cappola, and passed by a vote of 4/0. Member Cobb abstained.

SHEA MEADOWS SUBDIVISION

The ne~ct matter scheduled on the agenda was that of Shea Meadows Subdivision. Brian Gibson, project attorney, appearing. The purpose of this appearance is for an e~enison of the conditional final approvat.

A motion to grant a six month e~ctension of the conditional final approvai was made by Member Finnerty, seconded by Member Cappola, and passed unanimously with aii members voting. June 18, 1996 Regular Meeting

MANDEL RE-SUBDIVISION

The Mandel Re-Subdivision was the next matter called. Appearing on behalf of the applicant were project attorney, Bernard E. Davis, and project engineer, Gerry Zimmer- man.

Mr. Davis commented that the condition was that before the first building pernut was issued, the trailer was supposed to be removed. Planner Dotson reiterated that this was the condition.

Chairman Rosenfeld commented that he would like to ask the Conservation Commis- sion to comment on the value of the wetland on the property.

Mr. Davis commented that it was placed on the record of how the wetland was created. 1°he Town went in took the hotel down, pushed the dirt around, and that is how we got the wetland. There is nothing that the applicant is doing on this lot which would affect the wetland.

Chairman Rosenfeld commented that it appears that this wetland was created very recently, about the time of the demise of the hotel.

Gary Abrignani commented that the wetland collects the stormwater run off. It has met the criteria; it was delineated by an expert; it services the stormwater run off. Planner Dotson commented that beyond that, in order to get the soil criteria, you have to have a soil that is hydric.

Member Finnerty asked the Mr. Davis to point out on the map where the wetlands aze. He explained that the applicant went through this process a year ago.

Chairman Rosenfeld commented that, regardless of how the wetland was created, it is a wetland that serves a function. Additionally, there were some questions about well testing. A subdivision of this size does not undergo well testing, but he would defer to our consultants, and asked Planner Dotson to comment on this subject.

Planner Dotson commented that what we have here is a legal question. There was a well on site with the hotel wtvch predates some of the houses in the area. She doesn't know how many people the hotel served in its heyday, but she thinks it might be more than what is there now.

Mr. Roper said that, in the past, the residents of the azea were seasonal, now the people aze year round. He thinks we have to look forward to the number of people in the area; the greater use in the area. He thinks its something that the Boazd has to address. June 18, 1996 Regular Meeting

Chairman Rosenfeld asked if there were any documented cases of water shortages or wells going dry.

Mr. Villardi commented that the water from the hotel was dirty, black. The Town used to supply them with water. The last yeaz he had to go down to 300' with his well.

Chairman Rosenfeld commented that perhaps we need a legal statement.

Attorney Lipman commented that a man has a right to take water from below his property. However, there is a body of law that if he causes interference, he has to correct it. The problem has been establishing that he is the cause. Mr. Villardi, where do you live? Mr. Villardi answered 113 Mouuntain Avenue. Has anyone else experi- enced problems? Mr. Kosnitz answered that his water has a very Foul, swampy smell. Mr. Roper answered that that will get worse. Attorney Lipman commented that is not necessarily a conclusion which can be drawn.

Mr. Kosnitz stated that he can point out all of the houses which have had problems. There will be a difference with 3, 4, or 5 more houses. Mr. Davis commented "why don't you buy my client's property?" The Chairman commented that we don't regard that as a significant comment at this point. However, people have a right to subdivide their property. If we thought there was anything wrong with it, we would bring it up. There is nothing legally which we can do about it.

Attorney Lipman commented that what you can do depends on the application. The applicant is attempting to create substantially lazger lots that what is allowed.

Engineer Rothenberg commented that the last time this applicant came before you, water supply was not an issue. Ward Brower commented that last time we did not have a notice requvement.

Attorney Lipman commented that the comments of the adjoining neighbors suggest there may be a water problem in the azea. If that is so, you may and they may have a problem you have an obligation to consider. However, this is only one additional lot at this time. You may consider this as having some additional impact to the neighborhood. You may want to have a well drilled and tested. You have a right to do that.

Chairman Rosenfeld commented that we have nothing to go on to initiate a process which could create a hardship.

Planner Dotson commented that they could do what they did on New Gen. You had the wells drilled and pumped.

Member Finnerty commented that New Gen has historical records.

Mr. Davis asked is the well put in after the building permit is issued, but pumped June 18, 1996 Regular'.~feeting before constnaction? He added that he hopes to drill the well before the foundation is put in.

Attorney Lipman commented that, at that point, we have lost jurisdiction. Mr. Davis commented that we can resolve this simplictica(ly, he can just run a line from the existing well. Attorney Lipman asked if that welt is in use. Mr. Villardi said there had been about 45 rooms in the hotel when it was in use. Mr. Roper told Mr. Davis he might end up with trouble with that well.

Planner Dotson commented that NIr. Davis has suggested he wants to use the existing well. She suggested that they test the well.

Chairman Rosenfeld commented that we have another offer on the table from the applicant to test the well before the foundation goes in. He would be in favor of that plan, adding that we might lose control, but the community members gain control.

Mr. Davis offered to test the existing well to see if it meets health department require- ments. Chairman Rosenfeld asked if the community will be notified when they start drawing water? Before they start any construction of the foundation they will drill the well. At that point, he suggested maybe they could notify the 300' adjoiners by certified mail, then, in the event there was any interference, the adjoiners could file with the Town Board. But, the Chairman continued he is inclined to not stop this developer from doing what every other developer does. The applicant has to test to health department stan- dazds. He also asked if the community would be willing to pay for any well testing.

Mr. Zimmerman commented that the applicant should have some data on the e~sting water problems

Chairman Rosenfeld commented that he is not in favor of putting conditions on this applicant that we have not put on other developers. We have no data.

Attorney Lipman asked, "what is the status of the public hearing? Is it closed?" He was advised it had been closed.

Chairman Rosenfeld asked the other boazd members if we approve this as presented? Attorney Lipman commented that he thinks the EAF should be reviewed based on the information presented here tonight.

Chairman Rosenfeld stated that we are going to ask the applicant to come back at the neat meeting and present us with some type of plan.

Member Finnerty stated that the public should begin to collect some data. Mr. Davis inquired if the board was going require the public to submit two weeks before the new meeting. Member Finnerty to Mr. Davis he could meet with them. June 1$, 1996 Regular Meeting

Member Cohen asked Mr. Davis how many pernuts they have for sewer. Mr. Davis said he has three right now.

Attorney Lipman, speaking to Mr. Davis, said the public hearing has been closed, are you prepared to waive the time constraints. Mr. Davis responded he is.

Planner Dotson commented that the EAF will not have anything in it that will ade- quately address these concerns.

Mr. Da~~s said the question right now is whether they aze going to have the existing well tested. He will discuss this with the engineer.

This segment concluded at 9:28 P.M.

ARONSON SUBDIVISION

The Aronson subdivision was called and Mr. Aronson and Mr. Powell came forward. Mr. Aronson said that there is a neighbor here who came late, and asked if the board wanted to let him speak. Out of the original six lots, this man is one that he sold directly to.

Chairman Rosenfeld answered that if he wants to speak, we would welcome his comments.

Mr. Phil Santiago then spoke. He said that he bought from Mr. Aronson, back in 1988, five acres out on Lakes Road. He always pictured that he might want to subdivide himself. I'he only thing that he recalls that Jim Aronson told him was that he had to have wood or aluminium siding. He was never told that he could not subdivide.

Chairman Rosenfeld asked Planner Dotson to go over her comments. Planner Dotson responded that she has no new comments. In January, 1996, she had drafted a proposed findings on the wetland issues.

Member Finnerty commented that if we are going to continue the public hearing next month, we should go over everything then.

Attorney Donnelly commented that we could go over everything, just to make sure there are no further changes to the map. Member Cappola inquired about the driveway for the property. Planner Dotson responded that they have answered all her concerns and it should not affect the wetland function.

Mr. Aronson asked if he could make some comments on Mr. Tarshis' letter. Member Finnerty asked can't you wait until Mr. Tazshis is here. Mr. Aronson answered that this has been very costly for him, and he doesn't see how someone can just write a letter after you have gotten a legal opinion. June 18, 1996 Realar Meering

Chairman Rosenfeld said the we have already polled the board. This segment con- cluded at 9:34 P.M.

HOROWITZ SUBDIVISION

The next matter called was that of Horowitz Subdivision. Project Attorney, Milton Tischler, and Project Engineer, Art Tully, appeazed together with the applicant, Mr. Horowitz.

The Conservation Commission commented that they had not received a copy of the map on this application. The Secretary noted that the applicant had not submitted enough copies to go around, and was supposed to send three eactra copies to the Secre- tary, but, to date, she had not received them. Member Finnerty stated that, should this happened again ever, with any application, the Secretary should submit one copy for him and Member Cappola to share.

The Chairman asked Mr. Tully to give the boazd an update on this application and what has been happening since their last appearance.

Mr. Tully said that since their last appearance several months ago, they have received a memo from Phil Salerno that the two new houses will be able to connect into the Moodna District.

Member Cohen asked if there used to be a cul-d-sac at the site. Mr. Tully answered that there is the remnant of a cul-d-sac. He went on that Lot #2 has existing water and sewer. Lot #1 is a proposed house location, and additionally, they have received appro- val to connect into Moodna. Lot #3 would have its own well due to the distance.

Chairman Rosenfeld asked about the the main collector. Mr. Tully responded that it will be a forced main as it has to pump the hill.

Member Finnerty asked if there was a way we can positively impact the people down below by some type of voluntary measure to improve the drainage. Gary Abrignani commented that no impact on it.

Mr. Tully said that two easements will show up as part of the survey. Then there was a discussion relative to possible connection to Carol Drive -this is only a three lot subdivision, plus nothing precludes a possible future connection. Chairman Rosenfeld commented that he disagreed, saying that if one lot is sold out of the family, then the wetland will preclude connection. Mr. Tully commented that he didn't think the geome- try would work. The Board then went over Geary MacDonald's comments, including Roy Montanye's comments about removing the cul-d-sac turnazound and putting in a new curb line. June 18, 1996 Regular Meeting

A public hearing was scheduled for July 9, 1996, at 8:00 P.M. The applicant is to notice all 300' adjoiners.

BERRY ROAD, LTD

The Chairman called the Berry Road subdivision application. Project Engineer, Gerry Zimmerman and Project Planner, Robert Daly, answered the call.

Chairman Rosenfeld stated that he wanted to disclose for the record, although he sees no conflict, that he and Mr. Daly are both members of the same committee with the Board of Realtors, but he just wanted to disclose it. The Chairman also pointed out that Mr. Daly signed the application form as the applicant, and he is not, so that should be corrected. He then asked Mr. Daly to briefly describe this plan.

Member Finnerty stated that he is concerned about spending an applicanPs money to go through the process depending on sewer. When he sees a project such as this, that can not, under any circumstances, come in as a hazdship, go any further without knowing about allocations. As of last night, Phil Salerno set up certain guidelines they want us to follow. They will certainly not approve this project on our first notice to to the Town Board. They only will approve a project after it has gotten conditional final approval. He would like our attorney to send this applicant a letter saying that they go forwazd with this project at their own risk.

Chairman Rosenfeld directed Attorney Lipman to write a letter directly to the applic- ant stating that they go forwazd with this application at their own risk, and they risk the money they have to spend to process the application, as this is a project which certainly can not go forwazd without sewer.

Member Finnerty inquired if we want to go forwazd with this application tonight. He would suggest we give them Ron and Leslie's comments and have them come back at a certain point. Planner Dotson noted that some of her comments related to lot lines as to the ponds.

Chairman Rosenfeld said that what we are saying to the applicant is to assess the availability of sewer. Attorney Lipman commented that the applicant should know that this agency does not control sewer, and when you are ready, they may not be.

Mr. Daly said that there has been no allocation amongest the participants within the Moodna Basin. There is no opportunity to develop this property without sewer. It is catch-22 situation; they have to have a plan suitable to conditional final in order to get the sewer. They have to start somewhere. Member Finnerty suggested that they might want to take a month, check azound and then come back.

Mr. Daly said that they will follow that recommendation of the Board. Member Finnerty added that, if they do come back, they should come back with something that June 18, 1996 Regular Meeting reflects the changes indicated in our consultants reports.

Chairman Rosenfeld inquired how we stand on SEQRA. Planner Dotson stated that this is not an action, this is only a sketch plan.

This segment concluded at 1025 P.M.

MICHALSKI,STEVEN

This is an informal appearance by Mr. Steven Michalski of New Paltz, New York relative to the property on Lakes Road, which this Board has seen before as Trout Brook Heights. Mr. Michalski wants to make a four lot subdivision of this property.

Chairman Rosenfeld asked for clarification of where this property is located. Planner Dotson stated that this is the old Trout Brook Heights project across from Lake Hill Farms.

Attorney Lipman stated that he doesn't know if he has a conflict on this. He asked where Mr. Michalski where he bought this property. Mr. Michalski stated that he bought it from the County. Attorney Lipman continued that he is concerned that he should disqualify himself.

Mr. Michalski said he wants to build his own house on this property. He is looking for feedback. Its a lot of land. There is very little frontage along the road.

Planner Dotson commented that he may want to share some access. Mr. Michalski said that the property goes back 200 to 300 feet and it makes a cliff. He is proposing three to four single family homes. He already talked to Lanc and Tully. There are 10 usable acres.

Planner Dotson commented that the bottomline is that he is going to have to show us something that works.

Mr. Michalski asked if it is 10% driveway slopes in that area. He was told it is.

Mr. Michalski asked Attorney Lipman how the wells aze, and Attorney Lipman said they aze very good; Mr. Michalski then asked about the peres, and Attorney Lipman told him they are "iffy."

Chairman Rosenfeld advised the applicant that based upon the information he has given us, there is no reason to give him any other information other than to come in with a plan.

Mr. Michalski asked about the one large pazceL Chairman Rosenfeld commented that the boazd would like some type of statement about future subdivision. Tune 18, 1996 Regular Meeting

Member Finnerty commented that we aze talking about two acre lots here.

Chairman Rosenfeld commented that the quality of our comments can only match the data submitted. Mr. Michalski asked if the boazd "you don't see any major problem with this property?" Attorney Lipman commented that Mr. Michalski should quit while he is ahead and go out an hire an engineer.

MASTERS SHOOTERS SUPPLY (Site Plan)

This is a new site plan application for a target range on Route 17M. The site is the same location where the Blooming Grove Stair site plan application is located. Appear- ing with the applicant, Dennis Serpi, were project attorney, Jim Sweeney, and project engineer Art Tully.

The Chairman asked for a brief description of this project. Mr. Sweeney responded that in March, 1996, the Town Board amended the schedule of uses to include as a 17th pemutted use an indoor pistol range. This is subject only to site plan review under Article 7 of the zoning law. It is really a referral from the Building Inspector, who has decided that the board should look at it. Under SEQRA, this is a type 2 use; it involves the addition of new floor area, and being it is under 4,000 S.F., there is no SEQRA activity at a11.

Attorney Lipman commented that he is looking at Article 6 which states that site plan approval shall be require for any perniltted use within the GB Zone. Mr. Sweeney said that there is no public hearing. Attorney Lipman corrected Mr. Sweeney saying that Article 7 refers to accessory use, not site plan. Mr. Sweeney acknowledged that Article 6 is the correct article.

Chairman Rosenfeld inquired "do we approve this thing or not?" Planner Dotson commented that the applicant is calling this a change in use to an existing building.

Mr. Sweeney stated that in 1981, there was a site plan, but no one can find the minutes of it or the file.

Mr. Tully then described what the applicant proposes to do, starting with the existing uses, he said that 1/2 of the building is used for an attorney's office; 1/4 is vacant; and the last 1/4 is used by Mr. Serpi. The plan is to eliminate the attorney's office and use the space for a large part of the shooting range. There would be a slight addition for an office, storage and supplies. This is the driveway which is proposed by Blooming Cnove Stairs. We believe that the addition of the building will actually be a decrease in the use and will decrease use in things like water, etc. There aze no major changes to the out side of the building. The driveway will be gravel. Lighting will be improved.

Chairman Rosenfeld commented that the parking design shows for ii pazking spaces, June 18, 1996 Regular Meeting

and asked how many staff there would be. Mr. Serpi responded that this is a low volume business. During the highest volume times, there would be two, most of the time there would only be one. The Chairman asked if Mr. Sergi felt the number of parking spaces was adequate. Mr. Sergi responded that he has had as many as a dozen people in the store, and has never interfered with the attorney's office. The Chairman responded that the time could come when he would have a dozen customers in the store and a like number on the range. Member Cobb commented that he could see this as a potentiality, and asked Mr. Sergi how he established the number of spaces. Mr. Tully responded, "based on use". Mr. Sweeney added that the bulk of the new square footage is not available to the public, ... unless they want to get shot. Mr. Sergi said that two-thirds of the square footage is not accessible to anyone, except maintenance personnel.

Chairman Rosenfeld commented that be would have to say that overall the building is well suited to this type of use. Member Finnerty asked Engineer Rothenberg to give his comments, maybe there are other issues; we have to look at handicap parking.

Engineer Rothenberg commented that there is an existing septic system and now they will have customers in there for longer times, so it is a possibility that they will have to use the facilities. Also, the azea where the septic is may have to be cleaned out of underground vegetation. The lighting coming up the driveway is not in good shape and now would be a good time to replace that.

Chairman Rosenfeld said he has concerns that people are carrying explosives in and out of the facility. The pazking lot should be well lit and paved, etc. We don't want people stumbling around. Mr. Sweeney replied that that was addressed on October 8, 1980. Attorney Lipman asked how this application got here. Mr. Sweeney replied that the Building Inspector told them he would not make the call on this one. He would not issue a building pernut for the expansion.

The Chairman asked if there would be classes. Mr. Sergi responded that the most people a teacher has is two to three students. The Chairman also asked if Mr. Sergi if clubs would he be allowing shooting clubs to use the range. Mr. Sergi said, no, not in a range like this.

Chairman Rosenfeld asked them to please address the issue of ventilation. Mr. Sergi said that this is strictly controlled. He has Mred a firm that specializes in the design of target ranges. Fumes are not permitted to leave the buliding in any quantity. They aze not permitted to take direct exhaust out. Chairman Rosenfeld inquired how the lead was collected. Mr. Sergi said that everything that is discharged is collected and recycled to a smelter. Engineer Rothenberg said that modern ranges are fully vented. Mr. Sergi said his system will accept the full projectile and recycle it in its full form. He continued that June 18, 1996 Regular Meeting

the EPA does a air test within the first year. The Chairman inquired of Mr. Durant, who was present, if he has any problems with any of this. Mr. Durant ans~~ered that he has no problems at all with this.

Member Cobb asked if the building is sound proof. Mr. Serpi said the new part will be sound proof and the old part will be attenuated.

When asked about the hours of operation, Mr. Serpi said that initially they will be open 6 days per week with the general public and members out by 8 P.M. The exception to this would be unless the police asked to use the range or someone needed to qualify.

Engineer Rothenberg asked what would happen if someone decided to play Wyatt Earp and discharge their weapon at the ceiling, etc. Mr. Serpi said the baffiing system would take care of that. This range would only accomodate handgun caliber and light rifle weapons.

Member Cohen asked if he sells aznmunition and asked if he would be making his own bullets.

Mr. Sergi said that, under regulations, he can't go over 380 pounds of smokeless power, but he does sell ammunition.

Chairman Rosenfeld asked if this facility is being constructed by a professional. Mr. Sergi said he has hired a guy from Long Island who does only this. He only does tazget ranges.

Member Cohen asked that length of the range. Mr. Sergi said 75 feet.

Member Finnerty stated that he wants Engineer Rothenberg's comments as to septic, drainage, lighting, etc. addressed as part of the site plan, in addition, he wanted to check on the visual aspects of the building. Mr. Sweeney asked if the Board would do a site visit before the Building Inspector gives his permit. After some discussion, Attorney Lipman commented that he doesn't read it that way. Member Cohen commented that there are things that have to be done. Chairman Rosenfeld commented that these ue our recommendations. Planner Dotson commented that the applicant should make the changes and come back and get it approved neat month.

Mr. Sweeney stated that "you waived paving in the original use." Member Cobb stated that handicap parking has to be paved by law. Attorney Lipman commented that while it appears the paving was waived at some point, the lighting has to be fixed. Mr. Sweeney said the lighting was waived back in 1980. Mr. Sergi said he wants to sit down with Glen Durant and go over lighting. He wants that done. The security system in there is very sensitive, it would be nice to see good lighting, so it doesn't get set off.

Chairman Rosenfeld what does the code say about paving. Engineer Rothenberg June l8, 1996 Regular Meeting

commented that when the board approved Durant, we did not require paying. Attorney Lipman commented that there is a requirement that it must be marked. Engineer Rothenberg remarked that he advised Art Tully that he should look at the Durant map, to see if there is anything Mr. Sergi would want to tie into.

Mrs. Abbatine commented that when she had her print shop in full operation, she had 7 people working and space was never a problem. Attorney Lipman said read 57-51 (m), it says paving. What is the definition of paved.

Mr. Sweeney stated that they will address the comments made by the Board and its consultants and will be back on our agenda for neat month, and, hopefully, be out of here.

This segment concluded at 11:10 P.M.

MONROE SELF STORAGE (Site Plan)

The next matter called was that of Monroe Self Storage. Mr. Art Tully appeared with the applicant, Mr. Seymour Fertig President of Clove Realty Corp. The Chairman asked Mr. Tully to briefly described this project.

Mr. Tully stated that the applicant wants to build a self storage facility with 7 build- ings. There will be a restriction on getting major trucks in. The aisle width would be 20 feet. Traffic would flow one way through the site. There will be no razonvire. Chair- man Rosenfeld said he has two major concerns; i.e. drainage going into the lake; and will it be visible from Route 17. He would like to see a rendering; he would not want to see any big signs like "Store It In Monroe" from the highway. Mr. Tully said they are going to hold the top of the hill as an undisturbed area. The Chairman stated that the board would also like to see drainage patterns.

Mr. Tully stated there is an 0&R easement and DOT easements on the property. Engineer Rothenberg commented that the Barrufaldi property is just north of this property and the access road for that piece would be used by this parcel as well. Chair- man Rosenfeld commented that he believes this is an intensive use of this property. He asked how they arrived at the size of the project. Mr Fertig responded that you back into the square footage once you have taken care of the drainage, etc. It is a 30,000 s.f. total of all the buildings.

Attorney Lipman asked what will you see from the Quickway if you are heading to the east? Planner Dotson asked how much screening will there be from Route 17. Chair- man Rosenfeld commented that he believes that the lowest profile they can achieve architecturally, the happier he will be. Mr. Fertig responded that maybe they can plant some trees around the fence.

Planner Dotson commented that this is not a complete application. This segment Juoe 18, 1996 Regular Meeting

concluded at 11:35 P.M.

ADMINISTRATIVE BUSINESS

With regard to the letter the board has received from the homeowner whose property borders on Mansion Ridge's property, maybe we could send a letter to the people at MFZCC asking them to meet with Mr. Teldaldi. Engineer Rothenberg commented that this is Pine Tree Section 4. When Sherman bought it, they turned it over to Zimmerman. He believes that MRCC will eliminate this problem by virtue of what they are doing at MRCC. Mansion Ridge is putting in a pipe. It is not such a simple thing as putting in a ditch.

Member Finnerty asked if we wanted to post the July 2nd workshop in light of the drainage thing? There was a brief discussion and Member Finnerty summarized that we would be delaying our meeting until later in the month on the drainage district. He wants Ron Rothenberg's input on this.

There being no further business, the meeting was adjourned at 11:55 P.M.

Sandy S eider —"} Secretary

Polak, Polak, 7. 7. Ghislane Ghislane

-New -New application application -seeking -seeking sketch sketch plan plan approval.

6. 6. Round Round Lake Lake -For -For further further review.

5. 5. Highview Highview Estates Estates -For -For further further review.

4. 4. lvlasters lvlasters

Shooter Shooter Supply Supply -For -For fuRher fuRher review. review. No No new new submission.

3. 3.

Mandel, Mandel,

Bernard Bernard -For -For further further review. review. No No new new submission.

2. 2. Aronson, Aronson, James James -For -For further further review. review. No No new new submission

1. 1.

Horowitz, Horowitz,

Bernard Bernard

&Harvey &Harvey -For -For further further review. review. No No new new submission.

8;15 8;15 P.M. P.M. -REGULAR -REGULAR MEETING

Aronson, Aronson, James James -Continued -Continued Public Public Hearing

approval approval lot lot 3 3 for for subdivision.

Horowitz, Horowitz,

Bernard Bernard

&Harvey &Harvey

-Public -Public Hearing Hearing for for preliminary preliminary and and conditional conditional final

8:00 8:00 P.M. P.M. -PUBLIC -PUBLIC HEARING

Regular Regular Meeting, Meeting, at at the the discretion discretion of of the the Planning Planning Board.

Monroe, Monroe,

New New

York. York.

Items Items

may may be be deleted, deleted, or or the the appearance appearance order order of of altered altered ai ai the

Monroe, Monroe, of of

at at

the the John John

C. C.

DeAngelis DeAngelis

Meeting Meeting Room Room of of the the Town Town Lake Lake Hall, Hall, 15 15 Street,

The The

following following

matters matters

are are scheduled scheduled

to to be be heard heard by by the the Planning Planning Board Board the the of of Town

MEETING MEETING OF OF TUESDAY, TUESDAY, JULY JULY 1996 9, 9, July 9, 1996 -Regular Meeting

TUESDAY, JULY 9, 1996 -REGULAR MEETING

The Regular Meeting of the Planning Board of the Town of Monroe was called to order at 8:05 P.M., by Chairman Jeffrey Rosenfeld. Present were Members Cohen, Cappola, Cobb and Finnerty. Consultants present Engineer Rothenberg, Planner Ed Garling (sitting in for Planner Dotson) and Attorneys Donnelly and Lipman.

PUBLIC HEARING - HOROWITZ, BERNARD &HARVEY

At 8:05 P.M., the Chairman called the first item of business on tonight's agenda, being the Public Hearing on the 3 Lot Horowitz Subdivision. Appearing on behalf of the applicant were project attorney, Milton Tischler, and project engineer, John O'Rourke, of Lanc and Tully. Chairman Rosenfeld read the public hearing notice which was published in the Photo News. Mr. Tischler gave to the Secretary the return receipt cards, mailing slips and a copy of the list of all adjoiners who were notified. The Chairman asked the applicant to give a brief description of the project for the benefit of the public.

Attorney Lipman stated that he wants it on the record that this is a Donnelly matter and he has previously disqualified himself on this application.

Mr. O'Rourke described the project as a proposed three lot subdivision at the end of Neptune Drive. He stated that they have received sewer permits for Lots 1 and 3 to connect into the sewer district. Lot 1 is on public water. There will be no expansion of the gravel road.

Thomas Cody, Monroe, asked how many homes does the applicant plan on putting in. Mr. O'Rourke answered two.

The Chairman admonished the public to address their questions to the Board.

Alan Bennett, Aquarius Road, Monroe stated that his water supply at present is insufficient, and he asked if a study has been done on this project.

Matt Leaman, Monroe, stated that he agrees with Mr, Bennett's comments about insufficient water supply.

David Kolotnick (phonetically spelled) commented that people have already run dry in the area.

Chairman Rosenfeld commented that there is very little to prevent a land owner from digging a well on his own property. h is a given that a landowner can drill for water on his own land. If it is a lazge, intensive use, then the Board can ask for monitoring, but this project is not in that catagory. The Chairman asked Attorney Donnelly to augment what he had just said. July 9, 1996 -Regular Meeting

Mr. Donnelly commented that if, from the EAF or other data available to the Board, it appears that the project will affect surrounding landowners and it is likety to create problems, then, in that event, the Boazd could require the applicant to prepare an EIS. However, he doubts that there is anything in the EAF which would require an EIS for this project. They are adding only two more wells.

Mr. Alan Bennett commented that one lot is connecting into the public water; the pressure is already bad in the system. He said that when his neighbor waters his lawn, he can't water his lawn.

Mr. Bill Mild said he is on public water. He has the house before him, and, on a good day, he has 181bs. of pressure.

Mr. O'Rourke commented that Mr. Mild could sink his own well if he so desired.

Mr. Mild asked how far out from the existing house on Neptune Drive is he. Mr. O'Rourke answered with the 25' set back, he can't be any closer than 50 feet.

Mr. Ed Vandercliff commented that one lot in F-~ighland Heights has a problem with its well also. It is a vacant lot and can't be sold because it can't produce the 6 GPM require- ment. Mr. O'Rourke commented that Lot 2 already has an existing well and home.

Mr. Mike Walsh asked what is the proposed size of these houses? Members Finnerty and Rosenfeld responded that they will be single family dwellings, and Mr. ORourke added that each proposed home will have 3 to 4 bedrooms. Member Cohen asked how big is the e~cisting house? Mr. O'Rourke said 25' x 60' approximately.

Ms. Dawn Jordan asked if the big lot right now is proposed for only one home. Chairman Rosenfeld answered that ttus developer, in this applicatioq dots not desire to further subdivide that Lot. Ms. Jordan continued asking how much more do they plan on subdividing this? Chairman Rosenfeld answered that would be a completely different story and would require another new application. Member Finnerty commented that this application has been here for the last 2 1l2 years and before that even. It has always been for three lots.

Mr. Riccardi asked if this development has been zoned.

Mr. James Lopolito asked if the Board had received his letter? The Boazd answered yes. Mr. Lopolito asked if more building was planned, would the board be addressed. Member Finnerty answered that his development has frustrated this board since the beginning. It was approved before the zoning requirements. We tried to stop it back then, and we couldn't. We were told that once a subdivision has final approval, it lasts forever.

Chairman Rosenfeld added that he gives them his word that nothing like your devel- July 9, 1996 -Regular Meeting opment will ever happen again.

Mr. Mild asked if the road has to be brought to town specs? Mr. O'Rourke answered that they are not proposing any new building offthe road. The Town Highway Depart- ment made a request in 1995 that the cul-d-sac be removed, but his client does not own this land. It is an oil and chip cul-d-sac. Mr. Mild said that it was his understanding that it would be improved to town specs.

Attorney Donnelly said that it sounds like the cul-de-sac was supposed to be aban- doned by the prior developer, but for some reason, it was not. This is an off-site im- provement to this applicant, and we can not force him to do that.

Mr. Bennett asked what about the wetland? Mr. ORourke answered that they do not plan on any disturbance to the wetland.

Mr. Vanderhoff asked with regard to the e~sting road, if it going to serve more houses or what? Member Cohen answered that it is an easement going to the ITT tower in the back, but it will be a driveway for one house. The power utilities keep it open.

Ms. Faith Goodman asked where is the entrance for the third lot. Mr. ORourke answered Lot 1 is off Mercury, Lot 2 is off Aquarius. Lot 3's access is via the easement.

Mr. Frank Hitro (phonetically) asked to be shown where the property line is for the 141 acre parcel. Mr. ORourke indicated the same on the map.

Planner Garling asked if there was another well going to be drilled. Mr. ORourke stated that the e~sting well is going to be abandoned. Planner Gazling also inquired if the owner of Lot 3 has the right to offer this for dedication to the Town? Then there should be a set back line for the front yard. He doesn't see it on the map. They have a 40 foot front yazd setback, but it is within the easement; they have to go back; after the easement.

The Chairman asked if there was any further comment from the public. There being no further comments, a motion to close the public hearing was made by Member Cohen, seconded by Member Cobb, and passed unanimously with all members voting. This public hearing concluded at 8:42 p.m.

CONTINUED PUBLIC HEARING - ARONSON, JAMES

The Chairman called the Aronson Public Hearing and Jim Aronson came forward. The Chairman announced for the benefit of the public, that this is a continued public hearing on a two lot subdivision, and asked if any member of the public wished to comment on this application.

Mr. Steven Tarshis spoke, saying that his wife, Marlene Tarshis is the owner of a July 9, 1996 -Regular Meeting piece of property on Mine Road. He continued that the board received a letter from him in June, saying that he had scheduled his vacation and could not attend last month's public hearing. He gave the board the following data. In 1985, they bought a lot out of the old Stanton Estate. Jim Aronson was the applicant. The survey was prepared by Deborah King. In the application, Mr. Aronson said he was requesting 5 acre minimum zoning to maintain the land character. This took place in 1982/1983, and, at that time, Mr. Aronson clearly indicated his intention to have 6 lots of five acres each. The map was signed on Novem- ber 15, 1982 with the Orange County Clerk. Notes on said map indicated the following: 5 acre zoning restriction requested, and that there was a specific lot indicated not a building lot which was to be conveyed to Jim Aronson. They acquired their property from Pfiefer, who bought from Aronson, and he built in 1986. He enjoys his five acres. He got the notice in January, 1996 that Mr. Aronson wanted to subdivide, so he went back through the files. In 1993, the boazd approved one subdivision. At that time, there was no notice requirement. He wants to know why he is here tonight, when back in 1983 it was Mr. Aronson intent to maintain 5 acre zoning, which was absent in 1993. There is an easement for a water line and any lot can tap into that line. There is a point in time when you have to rely on what is written, what is printed. Is Mr. Aronson trying to sell his house, he doesn't know. However, the people who bought the lots relied on Mr. Aronson's intent to maintain 5 acre zoning. Mr. Tarshis said one of the other lot owners is here tonight also.

Mr. John Finnergan stated that he bought his lot 8 1/2 years ago from Fred Ozkural and was told by Mr. Ozkural that he could not subdivide and it would have to remain 5 acres.

Chairman Rosenfeld commented that he is not going to make to much comment on this himself, however, he is going to ask Board Attorney Donnelly to speak.

Attorney Donnelly stated that he reviewed the same things that Steve Tarshis has. There is no doubt there were discussions in 1982 to keep 5 acres, however, in the resolution of approval, this boazd did not impose it as a condition. He does not see anything to prohibit Mr. Aronson's application. Mr. Aronson should be given an oppor- tunity to speak.

Mr. Aronson said that there is nothing new from Mr, Tarshis. He never met Mr. Ozkural. He sold to Mr. Kendrick. As it appears necessary for him to defend his position, he would ask the boazd to give him 5 minutes to speak. He would prefer to maintain his information, but if it is necessary for him to divulge it, he will. Chairman Rosenfeld stated that the board would be interested in knowing where he changed his position. Mr. Aronson began that this was the first subdivision he ever did. He loves his house and the 50 acres. There was, prior to his buying the land, talk about making 3/4 acre lots. This is why he bought the 50 acres. He felt he could create his own tittle neighborhood. He never intended to impose 5 acre zoning on himself. The next subdivi- sion he did, Steve Tarshis was his attorney. This is germane, because Steve Tarshis was Jul} 9, 1996 -Regular Meeting buying his ]ot at the same time. In 1985, Mr. Tarshis told him the protections in the Monroe Subdivision were totally inadequate. Mr. Tarshis did not rely on the map notes when he bought, he claims he relied on me. Mr. Tarshis already knew there was no 5 acres zoning restriction.

Chairman Rosenfeld commented that his question to Mr. Aronson was "what changed his mind about the 5 acre zoning.

Mr. Aronson responded that he only ever intended the five acres For the six lots he had sold to other people.

Attorney Donnelly stated to Mr. Aronson that you are free to further subdivide this lot tonight if that is your inclination.

Member Cohen asked if there was a note on the map in 1983, why wasn't the note on the map in 1993. Why wasn't it carried over, he would imagine someone would check the map. Mr. Tarshis stated if there was a discussion, it doesn't appear in the minutes.

Chairman Rosenfeld commented that the minutes aze selectively taken down, but items of substance should be taken down.

Member Finnerty commented that he came in with a map wtilch only reflected the parent lot and the other lot not being a building lot in 1993. Mr, Aronson said if the map note had said absolutely there had to be 5 acres, it would have been there.

Chairman Rosenfeld commented that we have a clear opinion from our attorney that we are can not prevent him from doing this. The only thing which might prevent us are planning issues, and that has not come up.

Member Cappola said if you can't rely on what is written, what then.

Mr. Tarshis said the note said 5 acre zoning restriction requested. If you don't want something on a map, you say please remove it before it is filed. What else could it mean.

Attorney Donnelly said there is another note which says "no further subdivision without Planning Board approval." There was no condition in the Boazd's resolution against further subdivision.

Mr. Aronson said that if he had deed restrictions there would be six landowners with deed restrictions in their deeds, however there would not be any such restrictions in his deed, because he never intended to impose any such restriction on himself. He never intended 5 acre zoning for his lot.

Mr. Tarshis said he had no question in his mind when he bought. The Planning Board's minutes in 1982 aze clear on the 5 acre. However, Mr. Tarshis admitted that July 9, 1996 -Regular Meeting

Attorney Donnelly is completely correct in his interpretation of the law.

A motion to close the public hearing was made by Member Cohen, seconded by Member Cobb, and passed unanimously with all members voting.

REGULAR MEETING

HOROWITZ SUBDIVISION

The Chairman opened the regular portion of the meeting at 9:26 P.M. by leading the assembled in the Pledge of Allegiance. The first matter called was that of Horowitz. Mr. Tishchler and Mr. ORourke came forward.

fir. Tischler commented that we have had the public hearing, he would now request preliminary and conditional final approval, subject to engineering concerns.

Chairman Rosenfeld inquired if the rest of the board had any objections to proceeding to conditional final tonight.

Member Finnerty stated they must get a map which shows all the changes. He would rather see the map before the approval is given.

Attorney Donnelly said the map should show the 15' easement to Moodna; the offer of dedication.

Chairman Rosenfeld commented that the board would be prepared to grant this application at its next meeting, after it has seen the new map. Member Finnerty com- mented that the map which is going to be signed should be reveiwed by the Board.

Engineer MacDonald said then we could reduce 15 conditions to 2.

Chairman Rosenfeld inquired where we stood on SEQRA_ Planner Garling said it is an unlisted action and no SEQRA has been met. He thinks that should write something up for the ne~ct meeting. Chairman Rosenfeld told the applicant to get the map cleaned up for the next meeting and we will proceed then.

Member Cohen said we should ask them for a waiver. Mr. Tischler granted the board a waiver of all time limits in which to act.

Planner Gar(ing told the applicant to make sure the sewer line shows in the gravel road; make sure it shows on the new map.

This segment concluded at 9:31 P.M.

ARONSON SUBDIVISION July 9, 1996 -Regular Meeting

The Chairman called the Aronson Subdivision and Mr. Aronson came forwazd.

Chairman Rosenfeld began with it seems that the board has received a position from its attorney, as far as 5 acre and the legalities.

Member Finnerty asked Mr. Aronson to go over the plan in its entirety once again, so it is perfectly clear in his mind. Mr. Aronson went over the plan for the board.

Member Finnerty asked what do we have to assure adherence to the wetland provi- sions.

Mr. Aronson said they have delineated the area of disturbance. He is at 11% distur- bance overall for his driveway specs, and his area of disturbance is adequately wooded. There is no need for a buffer. Mr. Donnelly said that Leslie has prepared a Findings Statement which address some of these issues. Member Finnerty commented that he must say it certainly is thorough.

Next ensued a discussion on drainage. Engineer Rothenberg commented that the land comes down towards Mine Road; that is the way the water will go.

Chairman Rosenfeld next commented that we have to start with a deternunation on SEQRA. We need a motion of negative impacts. Engineer Rothenberg commented that he did not witness the peres. The Chairman asked if he has reviewed the data, or is there anything out of the ordinary. Engineer Rothenberg responded that there wasn't anything out of the ordinary.

Mr. Aronson (indicating on map) said there is a stone wall going up here. He doesn't know of any ledge. Any ground water coming off the septic area will got down along the driveway. There is a berm going around the pond. The stream goes down towazds the school bus garage.

Member Cappola asked if the proposed berm on-site was higher than the pond. Mr. Aronson said the elevations are probably the same. However, there is a dip before the pond and then goes up to the berm.

A Motion for a Negative Declaration as incorporated in Planner Doison's Memoran- dum dated July 1, 1996, as received, was made by Member Cohen, seconded by Member Cobb, and passed by a 4/1 vote. Member Cappola voted against the negative declaza- tion.

Chairman Rosenfeld commented that we should address he findings and go further. Attorney Donnelly commented that we need to act separately, acting on the subdivision and the wetlands pernvt separately. July 9, 1996 -Regular Meeting

Chairman Rosenfeld asked for a motion to approve the wetlands permit in accordance with the provisions of a draft document submitted in January, 1996, by Planner Dotson. A motion was so made by Member Cobb, seconded by Member Cohen and passed by a 4/ 1 vote. Member Cappola voted nay. Member Cohen stated that he wants to make sure that Mr. Aronson realizes that there is a condition in there that the understory vegetation adjacent to the wetland must be left undisturbed.

Member Cohen commented that this application still needs subdivision approval. Chairman Rosenfeld stated that on page 2 of Planner Dotson's memo, there is an out- standing condition to be connected to the Village water supply, as welt as payment of fees, and subject to the terms of the wetlands permit. The Chairman asked for a motion for preliminary and conditional final and no motion was forthcoming.

There was some further discussion of this matter. Member Cohen commented that he wants to make sure the applicant knows he has to get connection to the Village water supply. The Chairman then asked if we could proceed to preliminary and conditional final again.

A Motion to grant preliminary and conditional final approval based upon the condi- tions set forth in Planner Dotson memo and as discussed here tonight was made by Member Finnerty, seconded by Member Cobb, and passed by a 3/2 vote. Members Rosenfeld, Finnerty and Cobb voted "aye", and Members Cappola and Cohen voted "nay." The Chairman reminded Mr. Aronson that the driveway must be built as shown on the plan.

FIIGHVIEW ESTATES

The next matter called was that of Highview Estates. Engineer Sandor responded to the call. Attorney Donnelly left the dais, and Attorney Lipman returned. Engineer Rothenberg left the dais, and Engineer MacDonald took his place.

Planner Gariing said we should look at water and site drainage. The concern was that the applicant is replacing an 18" drain with a 48" drain. If it is that large, it throws up a red flag in our face.

Mr. Sandor said that the last time he was here was in February, 1996. This is a preliminary submission. Sheet G2 has all of the detail of the plan. Hemet with Roy Montanye; and what he reviewed was the sketch plan done back in February, 1996. That showed a 60' right of way, the standard is a 50' right of way. So, basically houses are 180' away from each other. Roy said he did not want sidewalks. Mr. Sandor said he has pushed the cul-de-sac to the east; this plan shows a half cul-de-sac.

Member Finnerty said Engineer MacDonald should meet with the Highway Superin- tendent on that half cul-de-sac design. Member Cohen said how about we send the map to Roy. Mr. Sandor said he is here with a preliminary map. Chairman Rosenfeld said he July 9, 1996 -Regular Meeting doesn't consider this to be complete with asub-standard cul-de-sac configuration. Mr. Sandor said this design is done in a lot of communities. Member Finnerty asked why would you not move the cul-de-sac onto a lot you are adding. Move it further out. Snow will be plowed right where this lot's driveway is.

Attorney Lipman asked Mr. Sandor if he would waive the time limitation on review. Mr. Sandor responded that on behalf of his client, he waives the time limitation.

Chairman Rosenfeld commented that the applicant has already heard that we want the cul-de-sac extended. Your next map should come in showing it that way. With respect to the cul-de-sac length, Chairman Rosenfeld asked how this one lines up. Mr. Sandor said it is 1,300 feet. Attorney Lipman said 6 times the minimum (ot width is 1,200 feet. Member Finnerty noted that this originally came in as a loop. Member Cohen comment- ed that this property goes down all the way to Lakes Road, and asked why doesn't he build the road all the way down to Lakes. Chairman Rosenfeld advised Member Cohen that his suggestion was discussed, at length, previously, at another meeting. The Board had concerns back then. Attorney Lipman noted that the cul-de-sac still exceeds the length. Attorney Lipman commented that another issue is: "when is a cut-de-sac tempo- rary versus permanent." If you show an extension out to the highway, does that make it temporary? You need a device to insure that it is built. When to you trade the first section as temporary as against permanent. In Warwick, it would have to be part of a plan that is bonded.

Member Finnerty noted that at the last meeting, we discussed the possibility that sewer might not be available, and what you are seeking from Moodna is a vapor. The Town is not doing anything without conditional final, and it is for six months with one extension of six months. He asked Mr. Sandor if he wants to be putting his client through all this when everyone says the sewer will not be available. Is your client aware that if a hardship is created, it will be self-created? Mr. Sandor responded that he (his client} wants to move ahead with this project. Member Finnerty stated that he wants a letter to go out directly to Mr. DePaulis, with a copy to Mr. Sandor, that this will be an enormous expenditure with absolutely no guarantee. Mr. Sandor stated that his fallback position would be an on-site community septic system that would require a transporta- tion corporation. Member Cohen asked why don't you just make the lots 60,000 s.f. and put in septics? Mr. Sandor responded that there is sewer out on School Road, and the situation with the sewer can't last forever. He continued that what he is saying is, he is being optimistic at this point that they will be able to tie into the sewer system along School Road. If it is not available, then this plan would have to be amended. If the moratorium came back, he would have to go back to the Town. Member Finnerty stated that we aze going to send a letter to Mr. DePaulis and Mr. Sandor. Member Finnerty, again, reiterated the Town's position on the sewer. Chairman Rosenfeld commented that he thinks the applicant has plenty of notice on this. A motion to authorize Attorney Lipman to send the letter as previously discussed was made by Member Finnerty, seconded by Member Cobb, and passed unanimously with all members voting. July 9, 1996 -Regular Meeting

Engineer MacDonald inquired about the applicant's proposed fallback proposal - if you are going to be constructing 13 septic systems right around 13 wells; just a caution.

Mr. Sandor asked if the Board would be sending out for a coordinated review at this point. Planner Garling responded that the first step for the Boazd is to type it as an unlisted coordinated review application. Attorney Lipman noted that you aze supposed to start SEQRA at the beginning. Chairman Rosenfeld stated that we have a waiver from the applicant on time limits, we could declare Lead Agency and send out notices.

Engineer MacDonald noted that Orange County Department of Health and the Planning Board are two involved agencies. DEC has to be included on the list by Statute. Attorney Lipman suggested that the Board type it as an unlisted action. The Chairman asked for a motion to type this as an unlisted action. Said motion was made by Member Cobb, seconded by Member Cohen and passed unanimously.

^hairn-ian Rosenfeld then asked for a listing of other agencies, noting that we aze declaring lead agency.

Engineer MacDonald responded:

1. Orange County Health Department; 2. Moodna Basin Joint Operation & Maintenance Commission; 3. DEC - 21 So. Putt Comers -Environmental Notice Bulletin; 4. The Town and Village of Chester -Planner Garling noted they don't have to be notified under SEQRA, only as interested agencies. 5. Orange County Highway Department; 6. Orange County Department of Planning; and 7. Monroe Highway Department.

A motion of intent to declare Lead Agency was made by Member Cappola, seconded by Member Cobb, and passed unanimously.

Mr. Sandor stated that he wilt address all of the comments made here tonight. Mem- ber Cappola commented that he would like to see the driveways stay where they are; no flip flopping. Planner Darling stated that he is going to send the Boazd a notice that they require in the Town of Montgomery when people flip houses around and it makes changes.

Member Finnerty reiterated that the cul-de-sac is to extend beyond the last lot. Planner Darling noted that the grades are quite steep. You might require the applicant to do a little model to show grades on the lots and how he is going to work it out.

This segment concluded at 10:42 P.M.

MANDEL RE-SUBDIVISION July 9, 1996 -Regular Meeting

The Chairman called the Mandel Re-Subdivision application, and Project Attorney Bernard Davis and Engineer Zimmerman appeared with the applicant, Bernard Mandel.

Member Finnerty commented that he wanted the record to show that the Board had received a correspondence from Mr. Davis.

The Chairman asked Mr. Davis what he wants to do with this application tonight. Mr. Davis responded that he would like it if he could get a Negative Declaration and prelimi- nary and conditional final approval. The Chairman asked where we stand on the issue of sewer for this additional lot. Attorney Lipman commented that he doesn't understand how anyone, at this time, would be able to say anything about sewer. Mr. Davis re- sponded that Lot # 4 must be connected to municipal sewer. The Town Board says he can't get a permit for the fourth lot until he has conditional final approval. Therefore, he wants preliminary and conditional final approval conditioned upon securing the fourth pernilt.

Attorney Lipman asked how has water been addressed. Engineer Rothenberg said of the people who came last month and made reference to the water, one man said he had iron or something in the well and then he fractured it. One additional well should not have any impact. Member Cohen noted that four wells will be going on line. Chairman Rosenfeld commented that we are talking about one additional well at this point. The Chairman continued, asking what do we need in terms of SEQRA. Attorney Lipman noted that the Board will have to find that there will not be any negative impacts.

The Chairman asked for a motion of negative impact, and the same was made by Member Cohen, seconded by Member Finnerty, and passed unanimously.

The Chairman then asked for a motion granting the project preliminary and condition- al final approval upon the following conditions:

i. Obtaining a pernut for the fourth lot; 2. Payment of all costs and fees; 3. A review of the notes on the old subdivision map which are to be tamed forward onto this one.

A motion to grant the project preliminary and conditional final approval, incorporating the foregoing conditions, was made by Member Cohen, seconded by Member Finnerty, and passed by a 4/1 vote. Member Cappola voted against the motion.

A final comment was made for the applicant to get rid of the truck.

This segment concluded at 10:55 P.M.

MASTER SHOOTERS SUPPLY July 9, 1946 -Regular Meeting

The Chairman called the Master Shooters Supply site plan application, and Tim Sweeney, project attorney, and John O'Rourke, project engineer, answered the call.

Mr. Sweeney started the discussion commenting that there was a question about a note on a previous site plan waiving paving back on October 9, 1988. The note said delete paving, curbs, etc. Site Pians did not come under your purview until 1983, so he went to the Building Department files and found a site development plan and site plan that said delete curbs, paving and lights. It appears there would be a waiver. Attorney Lipman brought up that off-site parking has to be suitably improved. He believes is the only outstanding issue. The provisions of our zoning law allows you to approve this with or without recommendations. Mr. Sweeney continued that this is exempt from SEQRA review. He continued that this is faz different from a shopping center. There will be no change in intensity of use. The road and paving have sustained for 16 years. He is not suggesting that lights be waived. Lights are as shown on the plan.

Planner Garling asked if this will be any greater impact. Member Cohen said he makes a motion for site plan approval with the recommendation for lights.

Planner Garling commented that he has questions about drainage. Mr. ORourke stated that a culvert is on the adjoining property. The new drainage culvert is being put in by Durant. Indicating on the map, Mr. ORourke pointed out that drainage flows in that direction now, and that it is just over land flow. Planner Gazling asked if there are any wells? Mr. O'Rourke said the well will stay where it is. Planner Darling noted they have to pave the handicap spot and put a sign on it. Planner Craning commented that there should be a hatch in the roof to pull the pump if necessary.

A motion to grant site plan approval with the following recommendations was made by Member Cohen, seconded by Member Finnerty, and passed unanimously.

1. Lighting recommendation. 2. Pave and sign the handicap parking. 3. Pit well with hatch in roof to pull pump if necessary. 4. Payment of all costs and fees.

ROUND LAKE MANOR

The next matter called was that of Round Lake Manor. Mr. Pat Brady, project engineer, and NIr. George Valentine, project attorney, answered the call.

Mr. Valentine commenced the discussion by saying the last time they were here, two members announced that they own a condominium, but that this would not prejudice them on this application. Attorney Lipman inquired if Mr. Valentine was saying he doesn't want them to dis-qualify themselves. Mr. Valentine answered yes, that is what he is saying, he doesn't want them to dis-qualify themselves. July 9, 1996 -Regular Meeting

Mr. Brady said that since the last meeting, the wetlands have been delineated. They have adjusted lots lines to cover the wetlands and buffer. They crossing of the wetlands has been changed to cross at the narrowest point. There would be about a five (5%) percent disturbance. He adjusted to meet the concerns in Mr. Rothenberg and Ms. Dotson's comments. Lot #7 has an existing driveway to Quaker Rill Road and its the only one with a problem as you go off the cul-de-sac. He spoke to Roy Montanye last week relative to drainage problems in this area. Mr. Brady related that Mr. Monta~ye informed him there have been no problems, except for one this spring coming from the condominium detention. He laid out how they will take out drainage indicating on the map. He said they are taking 27 acres and developing approximately 7 acres. They have provided for a central septic.

Chairman Rosenfeld asked if used average density zoning. Mr. Brady responded they used clustering. Under conventional zoning they could get 13 lots; he has taken it down to 121ots. By clustering they are decreasing impervious areas, shortening the road, etc.

Member Finnerty commented that if you are clustering, this (indicating on map) remains forever green. Mr. Brady stated that under the zoning for a community septic he can go down to 25,000 s:f. lots. Each lot will have a septic tank, then go into the road to a pump station, then up to the sub-surface central system. The technical aspects have to be approved by the DEC. There were tests and there is silky soil. The wetland exists down before the septic.

Gary Abrignani stated that all the drainage from the mountain peres up right here (indicating on the map.)

Mr. Brady stated there appears to be an old curtain drain. It is in a natural formation. When they did deep pit tests, they went down 7 to 8 feet and had no water.

Attorney Lipman asked Mr. Valentine to take a look at Section 270A of the Town Law dealing with clustering. In 19 the provisions relate to the requirements. It now requires a local law or ordinance to get a cluster. Planner Gazling commented that they have to pass a law. Mr. Valentine said that the first plan has to be an approved plan in order to get it. Member Cohen commented that the first p(an sets the parameters. It establishes how many lots. Member Finnerty commented that this plan has to survive reality. Member Cohen commented that each lot would have to stand the test. Mr. Valentine asked if this plan would have to be submitted to the Town first? He was advised it would. Planner Garling commented that the Boazd will have to make some type of recommendation that this will be beneficial to the Town. Attorney Lipman noted that the applicant has agreed to the concept of a homeowners association. Planner Garling noted that they have to make sure that the land in back stays as open space. Chairman Rosenfeld commented that they aze going to have to show that the driveways work, adjoiners, etc. July 9, 1996 -Regular Meeting

Mr. Brady stated that, if the Board thinks this is do-able, he would do the calculations, try to get his SPEDES, and get to the DEC, etc.

Chairman Rosenfeld answered that on the onset, he could see a tough road for them, asking would this whole area (indicating on map) get run over with effluent? What about a failure? Mr. Brady answered they would have a back up system where an alarm would go off and they could go into the existing central sewer.

Engineer Rothenberg commented that this is subject to site conditions. Mr. Valentine said they need to come back for concept approval, in order to do that, they need to show that this plan can physically work.

Planner Darling commented that they need to provide test data, wetland impacts, and how they are going to take care of drainage.

Member Cohen said the Board should do a site visit on July 21st. The time was set for 9:00 a.m. to meet at the site (Cromwell Road), or 8:30 a.m. if they met at Bagels and Buns. This segment concluded at 11:50 P.M.

POLAK INFORMAL

The last item on the regular agenda was that of the Polak Informal. Mr. Burt B(ue- stein, project attorney, and Mr. Leaman, project engineer, appeazed for the applicant. The Chairman asked Engineer Rothenberg to go over his comments. Engineer Rothen- berg commented that the land has lots of wetlands. He would suggest that we need details on peres. At least two systems would have to pump up.

Member Cappola asked if he would have to go to the Village with this; is he in the watershed. Both Members Cappola and Finnerty advised the applicant that they believe the property is located within the watershed and that they would have to go to the Village.

Engineer Rothenberg noted that they need to check site distances coming out of Rye Hill Road.

This segment concluded at 12:00 midnight.

ADMINISTRATIVE BUSINESS

A Motion to adopt the June 4, 1996 Workshop minutes as published was made by Member Cobb, seconded by Member Cappola, and passed unanimously.

A Motion to adopt the May 7, 1996 Workshop minutes as published was made by Member Cobb, seconded by Member Finnerty, and passed unanimously. July 9, 1996 -Regular Meeting

A Motion to adopt the May 14, 1996 Regular Meeting minutes as published was made by Member Cobb, seconded by Member FinneRy, and passed unanimously.

Attorney Lipman stated that he wanted it noted for the record that he thinks he may have created a new conflict. Mr. DePaulis came to him on a Village matter and that is why he is telling us about it. He doesn't know, as he is talking now, if it is a conflict, but he wanted the board to know. He said he honestly just came to him after Highview was here that he had spoken with Mr. DePaulis. He would prefer if Mike would handle this matter. The secretary advised that she would transfer the Highview matter to Mike Donnelly per Attorney Lipman's request.

Attorney Lipman also commented that we should have a waiver form for the applicant or his representative to sign. He also thinks waivers should be noted either vertically or horizontally on the file somewhere. He will prepare a form and send it along. He also feels we should have a complete status report form. Member Cohen said he believes we could find a mode] one in the SEQRA Handbook, Appendix C, D & E.

There being no further business, Chairman Rosenfeld adjourned the meeting at 12:35 A.M.

~ ~ ~~ ~.~',C~'~z ~ Sandy Sc ider - Secretary JOINT MEETII~IG -AUGUST 6, 1996

JOINT MEETING OF THE PLANNING BOARD &TOWN BOARD FOR DISCUSSION OF STORMWATER MANAGEMENT STANDARDS TUESDAY, AUGUST 6, 1996

A Special Joint Meeting of the Town Board and the Planning Board of the Town of Monroe was conducted on Tuesday, August 6, 1996, at 7:30 P.M. Present on behalf of the Town Boazd were Supervisor Mike Frerichs, Councilman Donald Weeks, Council- womas Sandy Leonard, Councilman James Rogers and Councilman Peter Martin. Present on behalf of the Planning Board were Member Pat Cappola and Member Al Cobb. Planning Board Chairman Jeff Rosenfeld and Member Charles Finnerty were on vacation. Consultants present were Planner Leslie Dotson, Engineer Larry Torro and Attorney Alan Lipman.

Prior to the start of the meeting on Stormwater Management, the combined boards held a informal discussion with Engineer Mike Sandor on a proposed major subdivision to be called "Lakewood." The discussion on Lakewood concluded at 8:25 P.M., and Supervisor Frerichs opened the meeting on Stormwater Management.

Supervisor Frerichs acknowledge receipt of a letter from Mike Sandor, dated August 5, 1996, on the topic of discussion. Supervisor Frerichs distributed copies of Mr. Sandor's letter to the assembled boards and consultants.

Councilman Rogers commented that on Page 15704 under Pazagraph B-4, - Residen- tial Development - He thinks the criteria should not be in acres, but rather lots. Under Paragraph C -Waivers (Page 15705), "The town board may grant a waiver, for all or part of the requirements, ..." He thinks this is the job of the Planning Board, not the Town Board. He thinks the Planning Board is more equipped to deal with this.

Councilman Martin inquired if this proposed regulations, which comes from the Town of Newburgh, go in the direction we want to go. There is the DEC's model legislation given out in 1991. He asked Mr. Sandor if he thought the Newburgh regulations were salvageable.

Mr. Sandor replied that you could have someone say: "I met the requirements of the Local Law andI don't care what happens downstream."

Supervisor Frerichs asked where are we going from here. Do you want to talk philosophy or are we going to do a law? We have serious flooding and problems in the Town of Monroe. He has photos of the problems that have happened at Lake Manor; there have been problems at Mansion Ridge. Councilman Martin added there are big problems at Horizon Heights. JOINT MEETING -AUGUST 6, 1996

Attorney Lipman asked if the Town Board was inquiring if our current subdivisions were being reviewed as to drainage. Is the Town Board requiring that there will be zero increase in run-off? Councilman Martin responded that we need a way to address how the volume of nm-off is handled in this community. Attoroey Lipman commented that from his perspective, neither the Town of Newburgh nor the DEC's regulations ue right. In the municipalities where he works, they are doing it on a case by case basis, and you may not increase the rate. Councilman Martin responded that rate and volume are different.

Planner Dotson commented that you don't want to hobble someone with a set of regulations when your position in the basin may alter your approach.

Supervisor Frerichs noted that Mr. Sandor comments about looking at the overall picture is right. There is a problem over at Round Lake, which was constructed over 10 years ago and is no longer functioning. 3f we establish a policy of 5 or 6 detention basins, is some Town Supervisor in the future going to have to pay to maintain them? Planner Dotson responded that it could be set up where it is made private. Where someone is responsible to maintain them.

Councilman Rogers said that on 157-7 it explains rate, volume and addresses that.

Councilman Martin asked Attorney Lipman if he works in any communities where there is a law. Attorney Lipman listed the municipalities where is works and said that none of those communities have such a law.

Mr. Sandor commented that by the Susquehanna River and going up into Lancaster County there is legislation affecting water quality on a regional basis. Ron Rothenberg and his colleagues know where the problems are. You have to visit these people and get their feedback. If you ue do this, you aze going to have a developer come in and say "I have done what your regulations say, andI don't care what happens downstream." Supervisor Frerichs commented that there is going to have to be some type of main- tenance on these watershed retention ponds and yeazly inspections done. Mr. Sandor said that he thinks ails would be the job of the town. A small homeowner won't have the equipment to do this. Supervisor Frerichs said the inspections should definitely be the responsibility of the town.

Councilman Martin asked Mr. Sandor if he had access to anything that the Town Board and Planning Boazd could look at. Mr. Sandor said fie has things on the Susque- hanna River and Lancaster County that he could give to us.

Councilman MaRin said that when he sees our lakes chocolate brown it bothers him. It is silting into our lakes, streams, etc.

Councilman Weeks said that Horizon Heights had approvals 30 years old when it got built, plus there were three or four different contractors buildic~,g. JOINT MEETING -AUGUST 6, 1996

Councilman Rogers said that when the lake was chocolate brown, we called in the DEC. He is kind of disillusioned with the DEC because we called them in and they did nothing.

Supervisor Frerichs commented that the question is: "would this statute benefit something like Horizon Heights?" Attorney Lipman commented that he is more interest- ed in what would evolve from this document. If you consider what this does when an individual wants to put in a swimming pool, for example.

Supervisor Frerichs responded that swimming pools are one of the biggest complaints he gets. What is wrong with people coming to the Planning Boazd, and submitting a stormwater plan?

Planner Dotson commented that on Mansion Ridge we put in a strict drainage plan. We put in the approval that if you change the grading, you have to go to the Town Engineer and prove to his satisfaction that your change won't screw up the rest of the plan. Bottomline - we are already doing this.

Mr. Sandor noted that you can't make a guy putting in a swimming pool come in with a drainage plan. Councilman Rogers commented that people just can't do things on their own. Planner Dotson commented that we have two catagories. The old ones and the new ones. On the new ones we are already covering this.

Supervisor Frerichs said take Arden Forest project for an example. He has seen more water coming down the road into the ditches. It is awesome. There has been more water, over the years, coming down by Crary Abrignani's station.

Planner Dotson noted that a regular maintenance program has to be done on a region- albasis. We have to pay a lot of attention to maintenance.

Supervisor Frerichs commented that at the bottom of Harriman Heights Road the velocity of that water is outrageous. At what point can you say to a developer you are affecting drainage one mile or a mile and a half away. Mr. Sandor responded that you have to remember that this last year has been very bad in regazd to rain. He doesn't know if we can address each one of the little streams that becomes a raging torrent with these rains we have been having.

Councilman Martin asked "can we envision some sort of legislation that would address these issues?"

Mr. Sandor said that he would get the Pennsylvania stuffto us, and added that New Jersey has soil and sediment control laws and you have to go get a pernvt. JOINT MEETIi~G -AUGUST 6, 1996

Councilman Martin said another issue we have to find out about is "who would be responsible for the enforcement."

Supervisor Frerichs noted that unless and until we put something down in black and white, it won't be done. Councilman Martin commented that there has to be a way to assign someone to be responsible. Supervisor Frerichs added: "what's the punishment if you don't do what you are supposed to?" We called in the DEC and they did nothing.

Member Cappola commented that in some of these rains we have been having there is no way you are going to stop that from being brown. He was out there two times in the rain. Attorney Lipman inquired what damage was done. Councilman Martin explained that there was siltation into Mombasha Lake. Councilman Martin asked if there aze examples of local laws in Orange County anywhere on this subject. Mr. Sandor said not in Orange Couniy.

Supervisor Frerichs commented that there are some procedural things we can put in - (1)There are some fee things; and (2) we need to establish enforcement mechanisms.

Attorney Lipman commented that he is concerned that this package is overkill in most areas. Councilman Martin said we need something that clearly delineates responsibility. We need someone who is responsible. We have on file what Bill Muente proposed a couple of years ago, and he will circulate that around again. He continued that Mr. Sandor has said he will get us the Pennsylvania stuff. He would like to see this formally in black and white, so there is something to go back to.

Planner Dotson commented that there should be a central repository for all these maps. Councilman Weeks noted that the Village should be here, mentioning the Hor- seshoe Pond and commenting that "thank God the Town had the foresight to get that piece because the Village wasn't maintaining it. Gary Abrignani noted that, in relation to the Horseshoe Pond, the silt trap should be checked.

Supervisor Frerichs noted that we should re-schedule this meeting for a night in September when the Village doesn't have a meeting, so they could attend.

There being no further business, the Supervisor adjourned the meeting at 9:35 P.M

SANDRA SC~INEIDER Secretary -Planning Board N[EETING OF TUESDAY, AUGUST 13, 1996

The following matters are scheduled to be heard by the Planning Board of the Town of Monroe, at the John C. DeAngelis Meeting Room of the Town Hall, 15 Lake Street, Monroe, New York. Items may be deleted, or the order of appearance altered at the Regular Meeting, at the discretion of the Planning Board.

REGULAR MEETING

1. Horowitz -For review of final maps being submitted for approval.

2. Mansion Ridge Country Club -For setting up a special meeting date.

3. Strulovitch - At the board's discretion, this matter will be reviewed for a change in the final approval granted. This will be a information session only.

4. Round Lake Manor -For further review.

5. Highview - For further review.

6. Lake Manor. Section III -For further review.

ADMINISTRATIVE BUSINESS

7. Minutes Approval for July 9th and June 18th Regular Meetings.

that that

there there

ue ue

only only two two

new new houses houses

going going Lot Lot in. in. 3 3 already already has has an an e~cisting e~cisting house, house,

well

Planner Planner Dotson Dotson

responded responded

that that Boazd Boazd the the

has has to to adopt adopt a a Negative Negative Declazation, Declazation,

adding

Chairman Chairman

Finnerty Finnerty

asked asked Planner Planner Dotson Dotson where where the the Boazd Boazd stands stands SEQRAwise.

Attorney Attorney

Tischler Tischler added added that that it it is is not not his his clients clients responsibility.

improvement improvement

and and we we can't can't make make this this applicant applicant to to it.

dotted dotted

and and all all "t's" "t's" the the

crossed. crossed.

Attorney Attorney Donnelly Donnelly responded responded it it that that is is off an an

-site

he he doesn't doesn't

want want

make make

to to this this

application application

any any more more difficult, difficult, he he but but wants wants all all

thed thed the the

"i's"

Chairman Chairman Finnerty Finnerty

asked asked

Attorney Attorney

Donnelly Donnelly "legally, "legally, where where do do we we stand?" stand?" adding adding that

is is use use the the existing existing driveway.

He He

doesent doesent its its feet feet

their their

responsibility responsibility

to to the the fix fix cul-de-sac cul-de-sac when when they they all all want want

to to do do

there

Engineer Engineer

ORourke ORourke

stated stated

that that

his his client client bought bought the the property property after after bond bond the the expired.

ty ty

and and

to to that. that. If If

we we ask ask

the the

and and guy guy gives gives he he him him pemilssion, pemilssion, then then it it could could be be

done.

that, that, basically, basically,

without without

authority authority

from from the the landowner, landowner, they they cant cant just just go go onto onto

the the proper-

Attorney Attorney

Donnelly Donnelly to to re -state -state

his his

opinion opinion this this on on matter. matter. Attorney Attorney Donnelly Donnelly

explained

indicated indicated

that that

we we

couldn't couldn't

compel compel this this applicant applicant to to make make these these changes, changes, asked and and

sion. sion.

Chair+nan Chair+nan

Finnerty Finnerty commented commented

that, that, at at the the last last meeting, meeting, Attorney Attorney

Donnelly Donnelly had

a a and and new new curb curb

line line

be be

installed installed to to

provide provide a a straight straight line line access access to to this this proposed proposed

subdivi-

sac, sac,

which which

no no is is

longer longer

needed,,be needed,,be

removed removed the the and and area area restored restored to to provide provide

a a azea lawn lawn

suggested suggested

his his in in

letter letter

of of

January January

18, 18, 1996, 1996, that that the the northern northern side side of of

the the existing existing

cul-de-

a a letter letter the the

Board Board had had

received received

from from Roy Roy Montanye. Montanye. Superintendent Superintendent Montanye Montanye

had

Planner Planner

Dotson Dotson

responded responded

she she that that had. had. Acting Acting Chairman Chairman Finnerty Finnerty read read to to applicant the the

Acting Acting

Chairman Chairman

Finnerty Finnerty

asked asked

Planner Planner Dotson Dotson she she if if had had reviewed reviewed the the plan, plan, and

Board's Board's consultants.

changes changes

requested requested

at at

the the

last last

meeting meeting have have been been made made and and the the new new maps maps were were

sent sent the to to

Attorney Attorney

Milton Milton

Tischler Tischler

began began

that that the the applicant applicant is is here here for for final final approval. approval. The

yet yet but, but,

amved, amved,

as as Board Board the the had had ills ills report, report, the the dicussion dicussion camr~eac~d.

Michael Michael

Donnelly Donnelly

took took Ms Ms

position position

the the on on dais. dais. Alternate Alternate Engineer Engineer MacDonald MacDonald

had had not

Project Project

Engineer, Engineer,

John John O'Rourke, O'Rourke,

Lanc Lanc of of &Tully &Tully Engineering. Engineering. Alternate Alternate

Attorney

applicants, applicants,

Bernard Bernard

and and Harvey Harvey

Horowitz Horowitz

were were Project Project Attorney, Attorney,

Milton Milton Tischler, Tischler,

and

The The

Horowitz Horowitz

Subdivision Subdivision

the the was was

first first matter matter called. called. Appearing Appearing on on behalf behalf the of of

HOROWITZ HOROWITZ SUBDIVISION

would would be be

appearing appearing

on on

subsequent subsequent

items. items. Chairman Chairman Rosenfeld Rosenfeld was was absent absent due due

to to

illness.

and and Attorney Attorney

Lipman. Lipman.

Alternate Alternate

Attorney Attorney Donnelly Donnelly and and Alternate Alternate Engineer Engineer

MacDonald

Cohen, Cohen,

Cappola, Cappola,

and and

Cobb. Cobb.

Consultants Consultants

present present Engineer Engineer Rothenberg Rothenberg

Planner Planner

Dotson

order order

at at 8:15 8:15

P.M., P.M., by by

Acting Acting Chairman Chairman Charles Charles Finnerty. Finnerty. Present Present were were Members

The The

Regular Regular

Meeting Meeting

of of

the the Planning Planning

Board Board the the of of Town Town of of Monroe Monroe was was called called to

TUESDAY, TUESDAY, AUGUST AUGUST 1996 1996 13, 13, -REGULAR -REGULAR MEETING AUGUST 13, 1996 -REGULAR MEETING and septic system. While there had been public commentary on individual well problems and the adequacy of the central water system, it is not anticipated that the two additional houses, each on a well or central water system, would significantly affect surcounding supplies. The addition of traffic serving the two new dwellings is minor and will not significantly harm either vaffic volumes or the safety on existing roads. In relation to the overall size of the pazent pazcel (over 156 acres) the additional land area that will be disturbed for the two new houses will be insignificant and not harmful to vegetation, wildlife or drainage. The bounds of an existing drive will be used to service the two new residences, which drive will be improved with a stone surface, which will help to prevent ham~ful effects on erosion and surface water quality. The site is not in agricultural use, so there will be no impacts in this regard. The use complies with community plans and zoning, and it is not anticipated to generate unusually high volumes of solid waste, and does not appear likely to induce growth.

Based upon the foregoing, as related by Planner Dotson, Chairman Finnerty asked for a motion to grant a Negative Declaration. A motion was so made by Member Cobb, seconded by Member Cappola, and passed unanimously by a 4/0 vote. Chairman Rosenfeld was absent.

Chairman Finnerty asked the Secretary how the applicant stands in regazd to his escrow account. The Secretary advised that there are sufficient funds in the account to cover any outstanding vouchers, as well as the two Parkland fees, which would be chazged to the account.

A motion to grant the project preliminary approval and final approval conditioned upon the payment of all costs and fees, was made by Member Cohen, seconded by Member Cobb and passed unanimously by a 4/0 vote. Chairman Rosenfeld was absent.

This segment concluded at 828 P.M.

MANSION RIDGE COUNTY CLUB

The Chairman called the Mansion Ridge Country Gub applicatioq and Project Attorney James Sweeney answered the call.

Mr. Sweeney stated that at this time, the applicant is ready to proceed with his site plan review, and, to that end, he would like to set up a series of special workshop meetings to review the same with the Board. Chairman Finnerty stated that any meeting date will have to be at (east a few weeks away, to give the Board's consultants adequate time to review the site plan prior to the meeting. Mr. Sweeney stated that a copy of the site plan had been delivered to each of the Boazd's professionals, however, he does not have enough copies for each board member at this time. The copy of the plans intended for the Piaruung Board's records was given to the Conservation Commission's Chairman Gazy Abrignani. Mr. Sweeney will provide additional copies.

L kOolE

AUGUST 13, 1996 -REGULAR MEETING

September 17, 1996, at 7:30 P.M., was set as the date and time for the Special Workshop Meeting for the review of the applicant's proposed site plan for this project.

This segment concluded at 8:28 P.M.

ROUND LAKE MANOR

The next matter called was that of Round Lake Manor. Appearing on behalf of the applicant were Project Engineer Pat Brady, of Brady Engineering, and Project Attorney, George Valentine. Consultants for the Boazd were Planner Dotson, Engineer Rothen- bsrg, and Attorney Lipman.

Chairman Finnerty asked the applicant that, due to the similarity of this project's name with other projects cuttently before the Boazd, would they considering changing the project name. The applicant's engineer and attorney both stated they had no objection to changing the name, and would do so before their next appearance.

Chairman Finnerty asked the applicant if this plan reflected the comments made by Board Members during the site visit. Member Cohen stated that he wanted the record to reflect that the Board did a site visit on July 21, 1996.

Mr. Valentine answered that, to a degree, in his opinion, the plans reflect the com- ments made during the site visit. Mr. Brady stated that they have located the Swale on the northeast side of Palmer, provided a road they believe is acceptable, and have provided septic and well locations.

Engineer Rothenberg asked where would the drainage go. Mr. Brady indicated on the map the same to Engineer Rothenberg. Engineer Rothenberg continued that it had been suggested by Roy Montanye that the applicant get an easement to bring the drainage out to Kramer Avenue.

Mr. Brady discussed grading, stating that they will need a retaining wall. Chairman Finnerty commented that a note should be sent to Roy Montanye requesting a specific opinion on this project and a general opinion on roads with retaining walls.

Planner Dotson commented that she has already walked this property once, however, she wants to go back and spend some additional time there.

Engineer Rothenberg commented that in response to the issue of retaining walls, on the Horizon Heights project there was one intended, but never built.

Member Cohen asked do we know if we can built that many houses on this road. The last said of minutes have the applicant saying that it can be done, but the fact is the

3 AUGUST 13, 1996 -REGULAR MEETING

Board would have to grant a waiver. The Town would not allow 30% slopes nor switchbacks, and admonished the rest of the board to remember Sterling Forest Corpora- tion's application when we ue going over clustering.

Planner Dotson commented that there is a requirement for 10% or less slopes, adding that what is shown here does not look like it cuts it.

Chairman Finnerty commented to the applicant's professionals that maybe you are getting the idea that there aze two many lots here. We said it on the site walk and we are saying it again now. The land won't support what you aze calling for. Chairman Finner- ty then asked Engineer Rothenberg to go over his comments.

Engineer Rothenberg commented that he had a case in another town regarding driveways and grades, and, in that matter, it was brought oui inai if enough money was spent, could you meet the requirements. Planner Dotson noted that the fact remains that the board would still have to grant the waiver. Engineer Rothenberg continued that there are things that we want. We have a long standing drainage issue that we do want to solve. Mr. Brady stated that to solve drainage problems it costs money; the money is generated by the number of units. Engineer Rothenberg commented that there are no pert tests. There are questions that have to be answered to define the number of lots. Is this applicant going in the direction of a cluster? Gary Abrignani, of the Conservation Commission, commented that with the topography over there, he does not think it would work. Planner Dotson commented that the point is: if you disturb the ground and there is water flowing out, there is a problem. Mr. Brady stated that the water they discovered came from an old curtain drain.

Member Cohen commented that we have a problem. The cul-de-sac runs 1,500 feet. The Code in the Town says 500 feet. If we stretch it, we might go to 900 feet. This is something the Boazd has to decide. Engineer Rothenberg commented that we should get Roy Montanye's input on this. Member Cohen commented that you might lose 3 or 4 lots. At 6 times the minimum lot width, you would get 900 feet. That's if the Board grants the waiver.

Chairman Finnerty commented that this area is so environmentally sensitive. We don't want to have problems two yeazs after you aze out of town, or 30 years later. We don't want to create a disaster. He would like the applicant to go out and do the peres, and he would like the land out where they are proposing the central septic tested.

Mr. Brady asked if the 1,000 s.f. of absorbtion area where the central septic will be has to have a test pit? There was a discussion of this matter with the applicant's engineer and various board members. Chairman Finnerty noted that, in additioq detention ponds)/stormwater management also has to be addressed.

~{

a

s

1

other other towns towns allow allow easements easements for for wells, wells, but but he he doesn't doesn't think think is is a a this this idea. good good

applicant applicant is is proposing proposing as as the the solution. solution. Attorney Attorney Donnelly Donnelly wmmented wmmented that that he he seen has has

some some After After discussion, discussion, Chairman Chairman Ficmerty Ficmerty commented commented that that he he doesn't doesn't see see the what what

there there that that aze aze 30 30 to to trees trees 40 40 on on the the lot lot and and it it costs costs a a of of lot lot to to money money a a build build septic. new new

his his to to lot?" lot?" A A gentlemen gentlemen identified identified as as (the (the Isadore Isadore builder)(no builder)(no last last name name provided) provided) said

easement. easement.

Member Member Cohen Cohen queried queried "he "he give give would would an an easement easement him him to to pump pump eff]uent eff]uent on

go go to to the the owner owner Lot Lot of of # # 1 1 (which (which is is family) family) and and ask ask them them to to provide provide necessary the the

Member Member Cohen Cohen they they asked asked if if proposed proposed to to it it up. up. pump pump Mr. Mr. Zimmerman Zimmerman said said they they would

system.

stated stated the the that that e.~cisting e.~cisting is is house house the the now now on on sewer sewer has has and and abandoned abandoned there there septic

Member Member Attorney Attorney asked asked Cohen Cohen Donnelly Donnelly to to run run by by that that again. again. him him Mr. Mr. Zimmerman

existing existing system system the the for for house. old old

the the Planning Planning Board Board that that than than rather rather build build a a septic septic new new he he system, system, like like would would to to the use use

Mr. Mr. Zimmerman Zimmerman summarized summarized the the basis basis of of the the appearance appearance "the "the applicant applicant as as is is asking

septic septic construction. system system

amending amending a a previously previously imposed imposed condition condition of of subdivision subdivision approval approval regazd regazd with with to to the

dais. dais. This This is is matter matter listed listed the the agenda agenda on on for for an an informal informal discussion discussion relative relative to to possibily

answered answered the the call call on on behalf behalf Stru(ovitch. Stru(ovitch. Mr. Mr. Attorney Attorney Donnelly Donnelly took took his his place place the on on

The The Strulovitch Strulovitch matter matter was was called called by by Chairman Chairman Finnerty Finnerty Gerry Gerry and and Zimmerman

STRULOVITCH

This This segment segment concluded concluded at at and and 9:04 9:04 Attorney Attorney Lipman Lipman left left the the meeting.

Brady Brady they they said said would would that that check check out out and and get get back back to to us us at at next next month's month's meeting.

Gary Gary Abrignani Abrignani inquired inquired they they if if had had access access legal legal over over the the of of the the back back property. property. Mr.

►ots ►ots from from the the current current thirteen.

Mr. Mr. Brady Brady that that stated stated a a 900 900 foot foot cul-de-sac cul-de-sac would would probably probably bring bring them them to to down down ten

6. 6. Grading.

5. 5. Soils Soils testing testing - - peres peres deep deep and and pit pit tests; tests; and

4. 4. Drainage;

3. 3. Retaining Retaining walls;

2. 2. Stormwater Stormwater Management;

L L Cul-de-sac Cul-de-sac length length feet; - - 900 900

Secretary Secretary responded responded she she notes notes as: them them

Chairman Chairman Finnerty Finnerty asked asked for for a a recounting recounting ofthe ofthe issues issues to to be be addressed addressed and and the

AUGUST AUGUST 13, 13, I99b I99b MEETING -REGULAR -REGULAR AUGUST 13, 1996 -REGULAR MEETING

Chairman Finnerty commented that this is an informational meeting, and he thinks the applicant should be hearing that the board doesn't think this is a solution that the board would want to hear. Member Cohen added that doing something tike this would be poor planning. Member Cappola added that another problem would be that they would be pumping uphill 30 feet, and inquired what they would do if the power went out. Are you going to have generators? Engineer Rothenberg noted that the property is in O.C.S.D. # I and there is zero allocation.

This segment conciuded at 9:14 P.M., and at this point, the board took a short recess.

HIGI~1/IEW II

The neat matter called was Highview II and Project Engneer Mike Sandor responded to the call. The Board's professionals on this matter are Planner Dotson, Attorney Donnelly and Engineer MacDonald. Attorney Lipman had recused himself from t[vs matter at last month's meeting. As Engineer MacDonald had not yet arrived, the board decided to commence the discussion in his absence.

Mr. Sandor began the discussion noting that at last month's meeting there were comments from the board and its consultants and he hopes that this plan addresses those concerns. The boazd had asked about the bulb on the cul-de-sac. Chairman Finnerty commented that he would like the bulb to start at the end of the property line making the last lot whole and rectangular. Attorney Donnelly commented that the board should require that if the cul-de-sac is removed, the two half moons would be conveyed to the land owners. Chairman Finnerty commented that he doesn't want to go back in ten years and change someone's lawn. There is no reason not to give someone the full use of their property.

Mr. Sandor stated he re-numbeted the lots clockwise, and the last of the comments were from Engineer MacDonald. He has centered the entrance road on the 70 foot right-of-way. Engineer MacDonald had questions regarding the ditch. He has provided a drainage repoR and soil and sedimentation and erosion control notes.

Planner Dotson commented that the board has a report from Engineer MacDonald, dated August 5, 1996, consisting of four pages. She read from Engineer MacDonald's report on the need for the "Drainage Design" to show the calculated pre and post development flows for 5, 25 and 100 year frequency storms, together with the need for retention or detention ponds to mitigate any increase in rug-off rates.

Chairman Finnerty asked if Attorney Lipman sent the letter to the property owner prior to his recusal on this matter relative to the viability of continuing with this plan which calls for sewer hook-ups when the same will probably not be available. Chairman Finnerty stated that he wants that letter sent and advised Attorney Donnelly to do so.

Mr. Sandor stated that the first issue is the cul-de-sac. Member Cohen asked how

(v

7

Chairman Chairman responded responded Finnerty Finnerty we we that that have have asked asked to to Mike Mike write write a a the the letter letter applic- to to

reinstate reinstate the the moratorium.

issue issue the the road road of of configuazation configuazation is is settled. settled. He He has has heard heard rumors rumors that that the the DEC DEC may

soil, soil, sedimentation sedimentation and and erosion erosion control control details details aze aze He He settled. settled. to to wants wants sure sure make make the

proposed proposed 48" 48" pipe. pipe. wants wants He He to to sure sure make make the the issues issues concerning concerning the the detention detention pond,

from from an an S" S" pipe. pipe. I I He He to to wants wants make make sure sure it it is is adequate adequate take take to to the the flow flow the from from

(the (the drainage drainage two two first first items items in in his his report report cover cover that.) that.) There There is is a a channel channel takes takes that that flow

concerns. concerns. Engineer Engineer MacDonald MacDonald commented commented that that his his concerns concerns aze aze with with basically basically the

Engineer Engineer MacDonald MacDonald azrived azrived and and Chairrnan Chairrnan Finnerty Finnerty asked asked him him relative relative to to his speak speak to to

go go the the out out to to site site one one in in car.

Road Road School School side. side. Boazd Boazd Planning Planning members members meet meet will will in in Bagels Bagels town town at at Buns Buns and and and

A A site site visit visit was was set set for for September September 8, 8, 1996, 1996, at at 8:30 8:30 They They A.M. A.M. will will the the meet meet at at lot,

could could also also send send Village Village it it to to the the of of Chester Chester now.

Attorney Attorney Donnelly Donnelly commented commented that that we we have have this this to to send send to to the the DEC DEC so so we now, now,

asked asked if if a a time time could could be be set set up.

Chairman Chairman Finnerty Finnerty that that stated stated thinks thinks he he it it is is time time this this walked walked board board property, property, the the and

Lake.

Sandor Sandor

Mr. Mr. said said that that the the drainage drainage this this from from piece piece of of property property not not does does into into Bow Bow Walton

Planner Planner Dotson Dotson commented commented that that we we have have all all to to do do is is see see there there if if culvert culvert is is underneath. a a

Gary Gary Abrignani Abrignani said said that that he he believed believed this this is is on on the the outer outer boundary boundary of of the the watershed.

Chairman Chairman Finnerty Finnerty inquired inquired was was if if this this the the within within watershed watershed the the Vllage Vllage Chester. for for of of

Member Member asked asked Cohen Cohen "isn't "isn't there there a a culvert culvert there?" there?" in in Mr. Mr. not. there there said said Sandor Sandor is is no, no,

Brook Brook and and indicated indicated the the same same Member Member for for Cappola Cappola on on the the map.

the the go go into into water water Trout Trout Brook Brook or or the the lake? lake? Mr. Mr. Sandor Sandor stated stated that that into into it it goes goes Trout

1,200 1,200 feet. feet. We We have have major major concerns concerns with with the the drainage. drainage. asked asked Cappola Cappola Member Member does does all

against against azgued azgued that. that. Chairman Chairman Finnerty Finnerty stated stated that that there there is is the the issue issue feet feet of of versus 900 900

rate rate study study to to that that show show road road the the go go could could through. through. Cappola Cappola Member Member commented commented he that that

section section the the of of Code Code that that deals deals with with sketch sketch plat. plat. That That is is went went why why he he an an through through etabo-

the the board board basically basically agreed agreed with with a a configuration. configuration. He He wishes wishes the the boazd boazd read read would would the

January, January, 1996. 1996. He He wanted wanted to to make make sure sure he he before before moved moved forwazd forwazd preliminary preliminary with with that

put put

the the road road to to through through Road. Road. Lakes Lakes Mr. Mr. Sandor Sandor he he here here came came in in November, November, 1995 1995 and

Member Member Cohen Cohen commented commented that that he he mentioned mentioned at at last last month's month's meeting meeting should that that you you

Dotson Dotson commented commented that that the the plan plan with with lots lots eyebrow eyebrow was was a a plan. horrible horrible

You You

are are looking looking at at maybe maybe 900 900 feet. feet. Is Is the the board board going going to to grant grant a a you you waiver? waiver? Planner

him him a a waiver waiver for for almost almost double double the the pemvtted pemvtted size. size. He He has has from from him him street. that that jump jump

Cohen Cohen responded responded that that the the aQplicant aQplicant might might get get feet, feet, 900 900 but but the the board board have have would would to to give

the the long long is is proposed proposed cul-de-sac? cul-de-sac? Mr. Mr. Sandor Sandor responded responded that that it it is is 1,600 1,600 feet. feet. Member

AUGUST AUGUST 13, 13, 1996 1996 - - REGLJI.AR REGLJI.AR MEETING

g

Engineer Engineer

MacDonald MacDonald

commented commented

that that thinks thinks he he they they are are close; close; maybe maybe acres. acres. 4.5 4.5 has

He He

man man Finnerty Finnerty

asked asked

Engineer Engineer

MacDonald MacDonald he he if if thinks thinks they they approach approach the the threshold.

bance. bance.

He He

checked checked

with with

the the engineer engineer

and and we we at at are are to to 2 2 3 3 acres acres disturbance. disturbance. of of

Chair-

they they

have have to to get get

a a

SPEDES. SPEDES.

Mr. Mr.

Slutsky Slutsky stated stated they they that that are are less less than than acres acres 5 5 distur- of of

were were scheduled scheduled

an an for for inspection inspection

from from

DEC DEC on on August August 19th. 19th. Member Member Cobb Cobb asked asked ff

the the man man

from from Goshen Goshen

was was

out out

at at

the the site site last last week. week. He He believes believes he he was was pleased pleased

they and and

Member Member

Cobb Cobb

asked asked

about about

the the

letter letter they they

received received on on July July 1996. 1996. 31, 31, Mr. Mr. Slutsky Slutsky said

taken taken care care of.

ment ment for for approval approval

of of the the

septics. septics.

All All the the Homeowners Homeowners Association Association items items have have been

and and

they they are are

now now

continuing continuing

with with

Section Section III. III. Section Section III III is is at at O.C. O.C. the the Health Health Depart-

Gailie Gailie Mr. Mr.

began began

saying saying

that that

Sections Sections

and and I I have have II II been been filed filed with with the the County County Clerk,

Dotson, Dotson, Attorney Attorney Donnelly Donnelly and and Engineer Engineer MacDonald.

applicant) applicant)

answered answered

the the

call. call. T'he T'he

Boazd's Boazd's professionals professionals on on matter matter this this were were Planner

Ciailie Ciailie (project (project

attorney), attorney),

Mike Mike

Sandor Sandor (project (project engneer) engneer) and and Tomer Tomer Slutsky Slutsky (the

Chairman Chairman

Finnerty Finnerty

called called the the

Lake Lake

Manor, Manor, Section Section III III subdivision subdivision application application and and Ben

LAKE LAKE MANOR MANOR SECTION SECTION III_

This This segment segment concluded concluded at at 10:10 10:10 P.M.

about about sewer.

Chairman Chairman

Finnerty Finnerty

cautioned cautioned

Mr. Mr. Sandor Sandor not not to to forget forget about about board's board's the the concerns

there there on on September September 8th 8th the the for for visit. site site

concerns concerns

of of the the

boazd's boazd's

consultants, consultants,

provide provide Planner Planner Dotson Dotson with with two two maps maps and and

go go out

he he said said is is

going going

to to

continue continue

with with

the the

engineering engineering this this of of subdivision subdivision and and answer answer the

Member Member

Cohen Cohen

inquired inquired

we we

are are going going

to to send send to to the the DEC DEC and and Chester. Chester. Mr. Mr. Sandor

Lead Lead Agency, Agency,

so so now now she she has has to to send send the the out out maps.

were were

drainage drainage

and and

the the affects affects

on on

the the wetland. wetland. We We have have received received an an objection objection to to SEQRA

Planner Planner

Dotson Dotson commented commented

that that

she she had had very very brief brief comments. comments. Her Her biggest biggest concerns

certain certain street street lamps lamps and and bulk bulk requirements.

Engineer Engineer MacDonald MacDonald

stated stated

his his that that

other other comments comments were were about about certain certain notations notations for

is is

quite quite sure sure

once once the the

applicant applicant

gets gets a a letter letter from from I~fike I~fike he he may may want want to to reconsider.

this this through through

project project if if there there

is is

no no chance chance

for for sewers. sewers. Member Member Cohen Cohen commented commented that that he

option option

Day Day on on

1, 1, and and

he he

did did not not

want want to to take take We We it. it. don4 don4 want want to to continue continue go

to to

Boazd Boazd

and and request request

septics. septics.

Chairman Chairman

Finnerty Finnerty commented commented that that we we gave gave Sandor Sandor that Mr. Mr.

Member Member Cohen Cohen

commented commented

that that thinks thinks he he the the applicant applicant should should get get to to the the Town

tive.

ant ant indicating indicating

that that

there there is is

no no

sewer sewer and and the the costs costs this this of of project project are are going going to to get get prohibi-

AUGUST AUGUST 13, 13, 1996 1996 -REGULAR -REGULAR MEETING

trees. trees.

Planner Planner

Dotson Dotson

commented commented

that that

the the

trees trees which which

may may be be dying dying

will will be be

kept kept

and and the

trees trees

which which may may

be be dying dying

Mr. Mr.

Crailie Crailie

responded responded

that that the the owner owner

would would

like like

to to

keep keep

the

will will

be be no no further further

disturbance disturbance

unless unless

it it

is is for for

septics. septics. Chairman Chairman Finnerty Finnerty

asked asked about about

the

for for the the

woman woman

who who

came came

in in the the at at

public public

hearing, hearing, and and it it if if is, is, the the

answer answer is is "yes", "yes",

there

indication indication

that that the the

trees trees

not not are are

going going to to be be

further further disturbed. disturbed. Crailie Crailie

Mr. Mr.

asked asked

this this if if is

Section Section

II II through through

Alden Alden

Place. Place. There There

is is a a cul-de-sac cul-de-sac

there. there. The The boazd boazd

would would

like like

an

Chairman Chairman

Finnerty Finnerty

commented commented

that that the the board board

had had concerns concerns about about the the connection connection of

but but they they have have not not written written back back yet.

been been

amendments amendments

done, done,

and and the the

Attorney Attorney

General General is is reviewing reviewing those those

amendments amendments

now,

Mr. Mr.

Gailie Gailie

stated stated

that that

they they

have have

received received

"No a a

-Action" -Action" letter. letter. Mr. Mr. Donnelly Donnelly

there there

have

Member Member

Cohen Cohen

asked asked

when when do do you you

think think you you will will be be getting getting a a response response from from Albany?

detention detention

pond pond pazcel pazcel and and not not a a building building lot.

tion tion

pond? pond?

Engineer Engineer

MacDonald MacDonald

commented commented

that that it it should should be be

noted noted that that

this this is is

a

Member Member

Cohen Cohen

commented commented

that that

Lot Lot

13 13

which which have have we we

marked, marked, this this

is is

the the

actual actual

deten-

be be

less less

going going

into into

the the lake. lake.

Mr. Mr.

Gailie Gailie responded responded

that that this this what what is is

the the calculations calculations

show.

Member Member

Cohen Cohen commented commented

that that what what

the the all all engineers engineers have have told told is is us us that that there there will

acknowledged acknowledged that that was was so.

commented commented

that that there there

were were supposed supposed

to to be be

pullers pullers oil oil and and diffusers diffusers

installed. installed.

Mr. Mr.

Ga~lie

map map

said said

the the water water

was was channeled channeled

into into

the the

existing existing swale swale into into

the the pipe. pipe.

Crary Crary Abrignani

construction construction

because because

it it

will will be be

diverted diverted to to

Brooklyn Brooklyn Pond. Pond.

Mr. Mr. Gailie Gailie indicating indicating on on

the

commented commented

that that the the

drainage drainage

which which

is is

going going into into Round Round Lake Lake

now now

will will be be less less

after

Gailie Gailie responded responded

that that the the owner owner

and and

contractor contractor are are responsible. responsible.

Attorney Attorney

Donnelly

basin? basin?

Who Who

is is

responsible responsible

for for

maintenance? maintenance?

Who Who is is responsible responsible

enforcement? enforcement?

for for Mr.

tion tion

control control

measures measures

area area the the on on

that that

Tomer Tomer Slutsky Slutsky has has pointed pointed

out out as as

the the temporary

Planner Planner

Dotson Dotson asked asked

who who

responsible responsible is is

for for maintaining maintaining the the erosion erosion and and sedimenta-

Lake Lake will will be be diverted diverted into into Brooklyn Brooklyn Pond.

Round Round

Lake. Lake. ne ne If If

understands understands

it it

corsec'uy, corsec'uy,

the the water water tl:a: tl:a:

is is

now now

flawing flawing

into into Round

tion tion pond pond to to handle handle flows flows running running towards

Lake. Lake.

Engineer Engineer MacDonald MacDonald

commented commented

that that Pat's Pat's question question is is

"why "why isn't isn't there there

a a deten-

Mike Mike

Sandor Sandor stated stated

that that

after after

the the

job job

is is

built built there there will will be be less less water water going going into into Round

Crailie Crailie

added added

that that

most most for for of of

the the job, job,

will will it it flow flow into into the the permanent permanent

detention detention

basin.

goes goes

after after it it

comes comes out out

the the of of

pipe. pipe.

Engineer Engineer

MacDonald MacDonald said said

into into Round Round

Lake. Lake.

Mr.

get get the the

same same

amount amount

water water of of

after after the the job job

is is built. built. Member Member

Cappola Cappola asked asked

where where

it

detention detention

pond pond and and

there there

are are temporary temporary

siltation siltation

ponds. ponds.

Mr. Mr. Grailie Grailie

noted noted that that you you

won't

Cappola Cappola

asked asked

where where is is

the the

water water

going going

now? now? Mr. Mr. Slutsky Slutsky

said said

they they have have created created

a

the the

temporary temporary

one one is is

Lot Lot on on

20, 20,

the the permanent permanent

ones ones will will be be on on Lots Lots

13 13

and and

14. 14. Member

on on

the the

plan. plan.

Member Member

Cappola Cappola

asked asked

where where

are are the the detention detention

ponds? ponds?

Mr. Mr. Slutsky Slutsky

said

retention retention

plan plan and and sediment sediment

and and

erosion erosion control control

measures. measures.

All All those those

of of items items are are

already

they they

virtually virtually

have have

the the all all requirements requirements

on on

the the plan. plan. The The DEC DEC

will will be be looking looking

for for

a

asked asked

them them

to to plant plant a a

metric metric

study study

the the of of disturbed disturbed areas. areas. If If they they do do need need SPEDES, a a

AUGUST AUGUST 13, 13, 1996 1996 -REGULAR -REGULAR MEETING

1v

stage stage

of of construction construction

versus versus the the heavy heavy rains). rains). He He would would have have to to say say that that Belmont, Billy Billy

nald nald

responded responded

that that

he he

would, would,

but but with with respect respect tlils tlils to to project, project, it it was was the the just just timing timing (the

could could

be be an an

enhancement enhancement

the the of of sedimentation sedimentation measures measures we we are are using. using. Engineer Engineer MacDo-

1996. 1996.

Chairman Chairman Finnerty Finnerty

asked asked he he could could if if get get the the board board a a memo memo on on he he what what thinks

They They

put put silt silt

fences fences

up up back back

(1 (1

x x

2); 2); you you need need 2 2 x x 4. 4. Lake Lake Manor Manor put put in in them them on on July July 9,

Engineer Engineer

MacDonald MacDonald

commented commented that that he he thought thought the the measures measures could could be be upgraded.

Lake Lake

Manor Manor

(during (during

the the

heavy heavy rains), rains), they they also also saw saw Rise, Rise, Son Son and and it it was was pouring pouring water.

construction construction

are are ample, ample,

specifically specifically

and and generally, generally, noting noting at at that that the the time time same same they they saw

Chairman Chairman

Finnerty Finnerty asked asked

Engineer Engineer MacDonald MacDonald he he if if thought thought measures measures the the during

advice advice here.

The The

granular granular

material material

be be can can

upgraded. upgraded. The The general general contractor contractor here here is is getting getting good

gading gading

the the

Town Town

Road Road

specs. specs. As As faz faz as as black black topping topping is is it it good. good. Curbs Curbs aze aze standard.

Engineer Engineer MacDonald MacDonald

added added

that that

is is

he he going going to to meet meet Roy Roy with with Montanye Montanye on on possibly possibly up

bond bond

estimate. estimate.

Engineer Engineer

MacDonald MacDonald went went over over what what is is generally generally a a bond bond in in estimate.

Chairman Chairman

Finnerty Finnerty

asked asked

Engineer Engineer

MacDonald MacDonald go go to to over over what what would would go go into into the

Dotson Dotson

commented commented

that that the the bond bond estimate estimate to to has has include include trees trees in in it.

send send

it it to to

us. us.

Mr. Mr. Siutsky Siutsky

noted noted

they they that that would would to to like like be be done done before before winter. winter. Planner

Chairman Chairman

Finnerty Finnerty

authorized authorized

Engineer Engineer MacDonald MacDonald to to prepare prepare the the estimate estimate bond bond and

could could

authorize authorize our our engineer engineer to to prepaze prepaze the the bond bond estimate.

roads. roads. The The

Village Village

would would prefer prefer

that that

they they continue continue the the with with pavement. pavement. asked asked He He we if if

Slutsky Slutsky Mr. Mr.

stated stated that that they they

would would to to Gke Gke continue continue the the with with improvement improvement the of of

at at P.M. 8:00 8:00

Chairman Chairman

Finnerty Finnerty

to to said said set set

the the public public hearing hearing for for new new month, month, September September 1Q 1Q 1996,

Pernrit Pernrit

for for

the the

pond. pond.

Mr. Mr.

Gailie Gailie asked asked the the if if board board could could set set a a public public hearing.

Department Department

approval, approval,

and and

Planner Planner Dotson Dotson noted noted that that they they still still need need to to a a Wetlands get get

Engineer Engineer

MacDonald MacDonald

commented commented

that that they they still still needed needed to to come come with with back back the the Health

Mr. Mr.

Abrignani Abrignani

suggested suggested they they could could walk walk the the site site with with Mr. Mr. Slutsky.

Sandor Sandor Mr. Mr.

commented commented

that that he he

would would plant plant the the trees trees in in between between the the e.~cisting e.~cisting trees.

gave gave varieties varieties of of trees, trees, not not numbers numbers of of trees.

has has

prepared prepared been been

by by

the the

Conservation Conservation

Commission. Commission. Mr. Mr. Abrignani Abrignani noted noted that that the the list

plant plant backup backup

trees. trees.

Chairman Chairman

Finnerty Finnerty noted noted there there that that is is a a list list species species of of of of trees trees that

we we that that

are are

going going

to to stay stay

the the with with

design design to to preserve preserve the the older older trees trees and and are are we we going going to

Section Section to to has has

II II

be be

amended. amended.

Engineer Engineer MacDonald MacDonald continued continued so so it it is is his his understanding

and and

Landscaping Landscaping

Plan Plan

is is that that

be be to to implemented implemented for for Section Section affects affects III III Section Section so II, II,

now. now. Mr. Mr.

Crailie Crailie said said

we we

can't can't agree agree to to

tonight. tonight. it it Engineer Engineer MacDonald MacDonald said said the the Planting

he he

thought thought

we we

were were

talking talking

about about trees trees

a a different different in in area, area, he he can't can't give give an an answer answer on on this

die. die.

Chairman Chairman FinneRy FinneRy

asked asked

we we if if now now had had an an understanding understanding on on this_ this_ Mr. Mr. Slutsky Slutsky said

developer developer

plant plant will will

behind behind

them, them, so so the the that that trees trees new new be be will will mature mature when when the the old old ones

AUGUST AUGUST 13, 13, 1996 1996 -REGULAR -REGULAR MEETING

j(

Secretary

SANDRA SANDRA SCHNLIDER

lti-~`------_

1~~_'! 1~~_'! ,~ ,~ ~ ~ ~ ~

There There

being being no no

further further business, business,

the the Chairman Chairman adjourned adjourned the the meeting.

proposed proposed checklist.

The The

Secretary Secretary

was was

advised advised

to to

add add our our to to

next next agenda agenda to to go go over over Planner Planner Dotson's

meeting meeting to to

heaz heaz if if

Planner Planner

Dotson Dotson

had had

any any revisions revisions she she

would would like like

to to

make.

Approval Approval

of of

the the minutes minutes

June June of of

and and July's July's

meetings meetings were were tabted tabted until until the the September

County County Municipal Municipal Planning Planning Federation.

was was It It noted noted

that that Member Member

Cappola Cappola

has has

been been appointed appointed a a director director the the of of Orange

attending attending and and get get the the five five tickets.

contact contact

the the

Planning Planning

Department Department

and and advise advise

them them 5 5

members members

from from Monroe Monroe

would would be

members members

presented presented

indicated indicated

that that

they they would would

like like to to go. go.

The The

Secretary Secretary

was was

advised advised to

the the

boat boat

ride ride

listed listed the the

in in

Planning Planning

News News

on on

September September

26, 26, from from

5:30 5:30 to to 8:30 8:30

PM. PM.

All

Chairman Chairman

Finnerty Finnerty

inquired inquired

if if

any any of of the the

boazd boazd

members members were were interested interested in in going going on

ADMINISTRATIVE

This This concluded concluded this this segment.

aze aze

for for

overseeing overseeing

the the installation installation of of the the water water mains.

Engineer Engineer

MacDonald MacDonald

advised advised

the the Secretary Secretary

tha4 tha4 the the bibs bibs from from EMCON EMCON on on grojeet :his :his

top top

of of

the the

hill, hill,

and and there there is is

nothing nothing

on on top top

of of it it to to prevent prevent

it it from from

washing washing out.

Gary Gary

Abrignani Abrignani

stated stated that that

the the

developer developer

has has

a a huge huge mountain mountain material material of of sitting sitting on

Conservation Conservation

guy guy come come

out, out, the the real real gurus gurus on on this this

matter.

DEC DEC

was was

that that

well well

versed versed

and and that that

was was

why why the the

DEC DEC

recommended recommended

the the

Soil Soil and and

Water

the the DEC DEC

might might

required required

the the applicant applicant

to to

do. do. Engineer Engineer

MacDonald MacDonald

said said

he he doesn't doesn't

think

said said

they they

may may

need need a a Stormwater Stormwater

SPEDES. SPEDES.

Member Member

Cappo(a Cappo(a inquired inquired

how how much much

more

stormwater stormwater

is is

necessary, necessary, they they

look look at at

all all

phases, phases,

(Sections (Sections

I, I, II II

and and III). III). The The DEC DEC

has

Engineer Engineer

MacDonald MacDonald

commented commented

that that when when

the the DEC DEC detemunes detemunes SPEDES SPEDES a a if if for

Chairman Chairman

Finnerty Finnerty

asked asked

Engineer Engineer

MacDonald MacDonald go go to to look look Son Son at at Rise.

7r., 7r., the the

contractor contractor

is is good. good. He He has has gotten gotten good good materials.

AUGUST AUGUST 13, 13, 1996 1996 - - REGtTLAR REGtTLAR MEETING MEETING OF TUESDAY, SEPTEMBER 10, 1996

The following matters are scheduled to be heard by the Planning Board of the Town of Monroe, at the John C. DeAnge- lis Meeting Room of the Town Hall, 15 Lake Street, Monroe, New York, at 8:15 P.M. Items may be deleted, or the order of appearance altered at the Regular Meeting, at the discre- tion of the Planning Board.

8:00 P.M. PUBLIC HEARING

Lake Manor, Section III - Public Hearing for Final Approval and Wetlands Permit.

REGULAR MEETING - 8:15 P.M.

1. Lake Manor, Section III - For further review.Cromwell Meadows f;k/a Round Lake Manor - For further raciew.

2. Cromwell Meadows f/k/a Round Lake Manor - For further review.

3. Mid Hudson II Holding Co., Inc. (Michalski, Steven) - New application - 2 lot subdivision - Lot Line Change

4. Harriman Business Park - For further review. This item may or not be on; waiting for confirmation from the attor- ney.

5. Highview - For further review.

ADMINISTRATIVE BUSINESS

6. Minutes Approval for July 9th and June 18th Regular Meetings and August Regular Meeting.

7. Review of Planner Dotson's proposed checklist.

THE MEETING IS UPSTAIRS IN THE COURT ROOM. SEPTEMBER 10, 1996 REGULAR MEETIiVG

The Regular Meeting of the Planning Board of the Town of Monroe was called to order at 8:15 P.M., by Chairman Jeffrey Rosenfeld. Present were Members Cohen, Cappola, Finnerty and Cobb. Consultants present Engineer Rothenberg, Planner Dotson and Attorney Lipman. Alternate Attorney Donnelly and Alternate Engineer MacDonald would be appearing on subsequent items.

8:00 P.M. -PUBLIC HEARING -LAKE MANOR, SECTION III

Prior to the commencement of the Regular Meeting, the Boazd conducted the Public Hearing for Final Approval and Wetlands Pernut on Lake Manor, Section III. Appearing on behalf o£ the applicant were Project Attorney, Benjamin Gailie, Project Attorney, Michael Sandor, and the applicant, Mr. Tomer Slutsky.

Chairman Rosenfeld read the public hearing notice which had been duly published, and zsked :Lir. Sandor tc explained the prejec± fer the benefit of the public. Mr. Sandor described the project and the Chairman asked for comments from the public.

John Huberth, of the Conservation Commission commented that there seems to be intemuttent siltation down the stormwater sewer and into Round Lake; this is a continu- ing problem with the applicant's maintenance of their siltation measures.

Gary Abrignani commented that there seems to be an issue of the amount of run off at the detention basin, which was on the sidewalk a couple of weeks ago, and there is an abundance of wildlife at the existing catch basin.

Mr. Sandor replied that there is an existing pond on the property which is slated to be improved for drainage. Mr. Gailie asked Mr. Sandor to indicate on the map where the other small wetlands are, which Mr. Sandor did.

Gary Abrignani stated that the way drainage pattern is laid out everything runs into the detention basin, which could cause problems for that pond. Since the wetland is going to be built up and improved, and the function of the wetland is for wildlife, and we are losing appro~cimately 1/2 acre, he would suggest putting an elbow on the pipe and have them run it into the other side of the road; instead of into the pond.

Chairman Rosenfeld commented that he would ask the applicant to prepare comments for mitigation.

Mr. Ed Satz, of the Photo News, inquired if the public had been notified of this public hearing. The board advised Mr. Satz that notification was not required for final appro- val.

A motion to close the public hearing was made by Member Finnerty, seconded by Member Cobb, and passed unanimously by a 4/0 vote. Member Cohen was not yet in attendance.

Finnerty Finnerty Member Member commented commented that that the the boazd boazd feels feels it it make make will will more more the the bank bank stable.

think think another another of of stone stone layer layer is is necessary, necessary, he he doesn't doesn't see see where where this this discussion discussion is is going.

commented commented that that we we need need to to see see a a detail detail sheet sheet this. this. on on Mr. Mr. noted noted he he Sandor Sandor doesn't that that

arcund arcund face face the the and and side side we we don't don't to to want want see see a a soft soft Engineer Engineer ledge. ledge. MacDonald

Member Member commented commented Finnerty Finnerty the the that that board board would would to to like like extra extra see see layer layer an an stone of of

away.

may may to to have have more more bring bring stone stone in in wtuch wtuch would would have have to to be be seeded seeded stabilized stabilized and and right

Donald Donald commented commented that that they they don't don't want want to to fool fool around around with with the the stone, stone, e3cisting e3cisting but but you

responded responded Sandor Sandor that that they they have have to to bring bring in in materials materials and and compact compact it it Engineer Engineer Mac

Planner Planner asked asked Dotson Dotson they they how how intend intend to to stabilize stabilize the the around around bank bank the the pond. pond. Mr.

the the of of the the e~ctent e~ctent filling filling in. in. He He doesn't doesn't any any envision envision further further around around work work the the pond.

spot. spot. They They want want to to fill fill in in the the low low so so spot, spot, they they that that can can store store the the That That water. water. would would be

stones stones are are already already above above water water At At level. level. the the southern southern end end pond pond of of the the is is a a there there low

the the and and pond pond it it is is feet feet deep deep 6 6 in in the the center. center. They They don't don't plan plan any any on on doing doing The dredging. dredging.

there there large large are are stones stones diameter diameter surcounding surcounding the the pond pond already. already. did did a a They They sounding sounding on

Member Member Finnerty Finnerty if if inquired inquired they they will will be be adding adding more more rock. rock. Mr. Mr. stated stated Sandor Sandor that

built built in.

a a catch catch structure structure basin basin square square 4' 4' on on each each side side there there and and aze aze all all safety safety types types measures of of

above above the the normal normal level level of of the the pond. pond. Mr. Mr. responded responded Sandor Sandor are are that that they they to to put put going going in

above above and and beyond. beyond. Planner Planner inquired inquired Dotson Dotson they they how how are are raise raise going going to to the the elevation

the the install install sedimentation sedimentation trap trap and and they they will. will. Mr. Mr. Gailie Gailie remazked remazked that that are are measures these these

replied replied Sandor Sandor the the that that don't don't want want to to adversely adversely affect affect the the is is maps. maps. a a It It to revision revision minor minor

Chairman Chairman Rosenfeld Rosenfeld asked asked if if they they had had seen seen Engineer Engineer Mac Mac Donald's Donald's report report yet. yet. Mr.

he he doesn't doesn't the the know know pillows pillows if if oil oil are are yet. yet. There There in in are are filters. siltation siltation

sediment sediment traps traps installed. installed. Mr. Mr. Sandor Sandor responded responded that that the the sediment sediment traps traps aze aze however, in, in,

?vir. ?vir. Abrigrari Abrigrari asked asked the the hc~w hc~w they they soon soon appl;canr appl;canr could could have have the the oiI oiI and pillow pillow

the the cover cover maintenance maintenance those those facilities. of of

and and sediment sediment trap. trap. They They set set up up have have a a drainage drainage district district the the at at Boazd Boazd Town Town level, level, to

sediment sediment going going to to out out Round Round Lake. Lake. On On each each catch catch they they basin basin will will provide provide an an oil oil pillow

requested requested some some sediment sediment type type of of trap. trap. On On the the DEIS DEIS was was there there a a about about concern concern the

Mr. Mr. Sandor Sandor stated stated that that this this past past Sunday, Sunday, the the Board Board walked walked the the and and property property had

vation vation Commission, Commission, would would applicant applicant the the please please address address them.

The The Chairman Chairman began began since since that that we we just just had had questions questions and and comments comments the the Conser- from from

application.

of of Allegiance, Allegiance, and and the the Board Board proceeded proceeded to to continue continue the the Lake Lake with with Section Section Manor, Manor, III

At At P.M., P.M., 8:15 8:15 the the Chairman Chairman the the opened opened regular regular of of portion portion the the meeting meeting the the Pledge with with

SEPTEMBER SEPTEMBER 10, 10, REGULAR REGULAR 1996 1996 MEETING SEPTEMBER 10, 1996 REGLTI,AR MEETING

Chairman Rosenfeld commented that the board would like to see a detail sheet on this, subject to Engineer MacDonald's review.

Engineer MacDona]d commented that he is concerned about a theoretical deluge the next day after this has been seeded. He thinks the fazge stones aze an excellent idea. Mr. Sandor said they don't want to damage the area by bringing in any large equipment. Member Finnerty commented that they could bring the stone in by hand in a wheelbar- row. Planner Dotson commented that she is very concerned about stabilizing the slope in a very effective way, so it doesn't go back into the pond.

Member Finnerty commented that he thinks the applicant should meet with Gerry MacDonald.

Chairman Rosenfeld asked Mr. Sandor if he had seen the letter from the DEC? Mr. Sander rPplie~ ?hat He weuid felle~v up wi±h the SEC by giving examples of aL ihs wa±er quality things in the draft EIS. Engineer Mac Donald suggested that the applicant should clear this up with the DEC right away. He added that any approval this Board grants should be contingent upon satisfying and getting the approval of the DEC (per the August 26, 19961etter). Mr. Gailie stated that by filing the notice with the DEC for the general pernut, it is deemed to be satisfied. They have met the DEC's threshold for filing the notice of intent to disturb more than five acres.

Attorney Donnelly noted that DEC Inspector Farracane is very thorough, and once he is involved, he wants to see everything including a complete stormwater management plan. Engineer MacDonald discussed the stormwater management plan. Chairman Rosenfeld commented that he would want to make sure that the stormwater management plan is accepted before the approval is granted.

Member Cappola stated that he still has a question about the pre and post develop- ment drainage into the lake and the amount of peak run off that Round Lake is going to see. Engineer MacDonald replied that the calculations submitted by Mike Sandor indicate a decrease from pre to post construction levels. However, the peak run off did increase to 21 or 22 C.S.F.; and he agrees that this is an significant increase.

Member Cappola commented that the quantity of flow that goes into that pipe now has to be tremendously more. All that water is new water into that pipe. The whole pipe coming down the hill is new. Engineer MacDonald commented that it will not be more. Pressure is not a matter of slope. The water flows offthe site or the slope. It drops in to a gravity situation, so there is no added pressure on the pipe. You could get into a situation with increased pressure with sewage, but not in this type of scenario.

Member Cappola asked if there was anything the board could do to keep siltation from going into the lake. Engineer MacDonald responded that you have a siltation pond, but any siltation pond must be properly maintained. Somebody should be assigned to do -- that.

comments comments from from Mac Mac Gerry Gerry Donald.

be be

necessary necessary

for for

maintenance. maintenance. Chairman Chairman Rosenfeld Rosenfeld asked asked there there if if were were other any any

meeting, meeting, as as

was was

previously previously

discussed discussed tonight. tonight. He He also also imagines imagines that that some some easements easements will

Engineer Engineer

MacDonald MacDonald

said said they they should should have have the the details details the the on on pond pond other other by by the the next

permanent permanent basis.

struction. struction.

Mr. Mr. Gailie Gailie

said said

his his feeling feeling is is that that there there is is nothing nothing to to warrant warrant anything anything on on a

Donnelly Donnelly asked asked

what what

is is the the

adequacy adequacy of of the the permanent permanent measures measures proposed proposed after after con-

Member Member

Cohen Cohen

said said we we should should go go to to back back the the permanent permanent siltation siltation issue. issue. Attorney

it it saying saying that that happens happens everywhere.

might might

be be good good

to to talk talk with with project project the the manager, manager, who who seems seems to to dismiss dismiss these these incidents

suggestion suggestion

is is

that that Mike Mike

talk talk with with the the guy guy DEC DEC and and advise advise them. them. John John Huberth Huberth said said it

are are not not

going going

to to have have

some some the the of of problems problems we we have have had. had. Gailie Gailie Mr. Mr. added added his that that

about about

this? this?

Mr. Mr. Sandor Sandor replied replied

that that the the curbs curbs are are etc. etc. in, in, From From this this forward, forward, point point you

the the

lake. lake.

Chairman Chairman

Rosenfeld Rosenfeld

asked asked if if the the developer developer was was committed committed to to doing doing something

Member Member

Cappola Cappola

commented commented

that that you you can can see see brown brown going going out out some some for for ways ways into

the the when when rains rains came. came. There There are are always always some some problems.

timing. timing. On On

July July

9th, 9th,

when when the the curbs curbs were were put put being being in, in, curbs curbs the the were were not not put put in in yet

tion tion within within

normal normal

acceptable acceptable levels. levels. Engineer Engineer MacDonald MacDonald responded responded that that was was this this just

er er as as

responsible responsible being being

and and

attentive attentive these these on on siltation siltation problems; problems; is is the the amount amount silta- of of

Chairman Chairman

Rosenfeld Rosenfeld

asked asked Engineer Engineer MacDonald MacDonald he he would would if if characterize characterize the the develop-

you you

have have

to to go go back back and and re -fortify. -fortify. It It is is a a continuous continuous on -going -going operation.

vation vation Commission. Commission.

However, However, after after each each storm, storm, something something seems seems get get to to through through and

in in responding responding

to to

everything everything

from from the the DEC, DEC, Water Water &Soil &Soil Conservation, Conservation, and and the the Conser-

and and

a a siltation siltation

fence fence

around around the the stockpile stockpile of of topsoil. topsoil. The The applicant applicant has has cooperative been been

siltation siltation

steps, steps,

including including

additional additional siltation siltation fences fences and and enlargement enlargement siltation siltation of of the the pond

and and

Soil Soil r~nservation r~nservation

letter, letter, they they came came out out to to the the site site and and recommended recommended some some additional

lake, lake,

then then should should

it it be be done. done.

Engineer Engineer MacDonald MacDonald we we said said should should go go to to back back the the Water

Member Member

Cappola Cappola

commented commented

that that had had we we if if measures measures which which guaranteed guaranteed protect protect to to the

slightly slightly

heavy heavy

rainfall, rainfall, we we

have have siltation siltation coming coming out out times times 3 3 normal normal that that from from pipe.

Jon Jon

Huberth, Huberth,

of of the the Conservation Conservation Commission, Commission, stated stated every every that that we we time time a have have

looking looking

to to protect protect something something from from siltation, siltation, more more is is definitely definitely better.

last last minute minute

remedial remedial

measures, measures, so so be be it. it. Engineer Engineer MacDonald MacDonald noted noted that, that, if if you you aze

Member Member

Finnerty Finnerty

commented commented

that that based based this this on on project, project, have have we we if if to to institute institute some

responded responded yes.

Member Member

Cohen Cohen

asked asked is is that that calculation calculation based based a a on on 25 25 year year storm. storm. Engineer Engineer MacDonald

to to

prior prior

construction? construction?

Engineer Engineer MacDonald MacDonald responded responded that that it it will will increase increase slightly.

Member Member

Cohen Cohen asked, asked, prior prior to to development, development, will will the the run run increase increase off off decrease of of

SEPTEMBER SEPTEMBER 10, 10, 1996 1996 REGULAR REGULAR MEETING

done. done. have have They They a a catch catch in in basin basin side side each each each each property property of of line. line. Soil Soil and and sedimentation

homes. homes. They They have have addressed addressed Roy's Roy's concerns concerns about about relocating relocating the the that that Swale; Swale; has has been

eactended eactended

so so that that there there be be will will not not any any problem problem with with construction construction in in front front of of e~cisting

two two last last are are lots lots located. located. They They have have since since the the moved moved cul-de-sac cul-de-sac out out so so that that the the road road is

Road. Road.

He He discussed discussed the the cul-de-sac cul-de-sac relative relative to to where where sit sit it it will will in in to to relation relation where where the

to to

maps maps the the reflect reflect concerns concerns the the board's board's of of consultants. consultants. He He has has frontage frontage out out on on School

Mr. Mr. Sandor Sandor said said he he that that was was here here at at last last month's month's meeting, meeting, and and he he has has changed changed the

boazd boazd were were alternate alternate Engineer Engineer MacDonald MacDonald and and alternate alternate Attorney Attorney Donnelly.

were were Mike Mike Sandor, Sandor, project project engineer, engineer, and and the the applicant, applicant, Mr. Mr. DePaulis. DePaulis. Appearing Appearing for for the

The The neact neact matter matter called called was was that that of of Highview Highview II. II. Appearing Appearing on on behalf behalf the the applicant of of

HIGI-1VIEW HIGI-1VIEW II

This This segment segment concluded concluded at at 9:15 9:15 P.M.

advised advised

the the Secretary Secretary and and Planner Planner to to Dotson Dotson get get draft draft together together and and out out the the letter.

that that reflect reflect Mr. Mr. Slutsky Slutsky agrees agrees the the to to two two homeowners homeowners being being notified. notified. The The board

of of the the Village's Village's right-of-way. right-of-way. noted noted Member Member Cohen Cohen that that he he like like would would the the record record to

no no

objection objection to to contacting contacting Attorney Attorney them. them. Donnelly Donnelly commented commented that that these these lands lands are are part

their their lawns lawns be be replaced replaced will will when when the the cul-de-sac cul-de-sac is is abandoned. abandoned. Slutsky Slutsky Mr. Mr. has said said he he

ers ers

whose whose front front are are lawns lawns on on the the cul-de-sac cul-de-sac be be contacted contacted so so they they that that will will that know know

Member Member Finnerty Finnerty commented commented that that he he like like would would to to have have two two the the abutting abutting homeown-

weeks. 7 7

head head

utility utility lines lines and and when when they they are are to to going going go go down. down. Mr. Mr. replied replied Slutsky Slutsky about about in in 6 6 to

Chairman Chairman Rosenfeld Rosenfeld commented commented that that Planner Planner had had Dotson Dotson a a question question about about the the over-

this this over over road. road. Planner Planner commented commented Dotson Dotson she she that that sees sees no no in in point point holding holding off.

Gailie Gailie Mr. Mr. asked asked they they should should if if hold hold offon offon this this study study until until the the Town Town wants wants to to take

in in Chester, Chester, the the on on Ozkura] Ozkura] file. file. Perhaps Perhaps should should we we that that check check file file and and get get his his name.

Cappola Cappola

commented commented

that that Myles, Myles, Dr, Dr, at at one one point, point, had had given given the the board board the the name name a a of of man

amended amended

to to cover cover the the species species put put forth forth the the by by Conservation Conservation Commission. Commission. Member

done. done. Engineer Engineer MacDonald MacDonald noted noted that that the the list list of of proposed proposed species species of of trees trees be should should

time. time. Planner Planner Dotson Dotson suggested suggested that that a a dispassionate dispassionate diagnosis diagnosis the the of of trees trees be should should

in in

more more detail. detail. Member Member Finnerty Finnerty noted noted that that this this matter matter has has on on been been the the table table a a long for for

be be saved saved a a just just by by good good pruning. pruning. She She continued continued that that this this needs needs matter matter be be investigated to to

commented commented

that that some some are are obviously obviously and and dead dead should should come come however, however, down, down, some some might

dead, dead,

or or be be dead dead will will a a within within year year or or so, so, should should come come down down now. now. Planner Planner Dotson

noted noted that that was was he he there there out out last last Sunday, Sunday, and and some some those those of of trees trees which which obviously are are

in in backup backup with with trees. trees. discussion discussion A A this this subject subject of of then then took took place. place. Member Member Finnerty

noting noting

that that the the with with age age of of some some of of the the line line existing existing it it trees, trees, be be might might a a good good idea idea to to fill

Engineer Engineer MacDonald MacDonald commented commented the the on on up up back back planting planting trees trees of of Road Road along along "A,"

SEPTEMBER SEPTEMBER 10, 10, 1996 1996 REGIJI.AR REGIJI.AR MEETING SEPTEMBER 10, 1996 REGiJLAR MEETING control have been added to the stream at the western end, there is a back up trap. They have supplied additional drainage calculations; located the impact on the other side of Lakes Road, in Chester. They have addressed some of the comments about the Swale behind Lots 5 & 6.

Member Cohen asked if this will be over five acres of disturbance; Mr. Sandor replied that it would be over five acres.

Chairman Rosenfeld asked Engineer MacDonald to go over his comments. Engineer MacDonald noted the following:

1. The road detail needs to be amended to show a 12" base course.

2. Still needs clarification on who is going to pay for the street lamp at the end of the cut_-de-sac.

3. Bulk table information needs to be shown on the plan.

4. Needs detail on Swale for the easterly drainage system. Siltation protection needs to be shown.

5. The adequacy of the proposed 48" pipe is questioned where the pipe elevation is relatively flat. The end of the 48" pipe discharge point needs more detail to make sure sedimentation basin is going to receive full flow and its not inadvertently directed to the adjoining lot.

6. Since the fall back position is a likely possibility, in the event sewer is not available, the proposed fall back position indicated that proposed septic connection point will be in back of Lot 13, then we will be concentrating a lot of sewage by well water supply for the adjoining subdivision.

7. The proposed lots are located in Marden soils which are more conducive to septic systems, so maybe the applicant should put in septic systems on the lots, and then the lots would have to be made lazger.

Attorney Donnelly commented that if a central septic system is something they are going to seriously consider if no sewer is available, then we need to know more about it.

Mr. Sandor said that they would need a separation distances to the e~cisting wells in the existing subdivision. That this is shown as a fall back position. However, the application here is to go into the sewer. This application is to go in showing a connec- tion to municipal sewer on School Road.

Member Finnerty commented that he was at the Town Board meeting and everybody (Phil Salerno, etc.) was saying that the number is vapor. Read the minutes each month. SEPTEMBER 1Q 1996 REGULAR MEETING

We do not want to spend money unnecessarily. If there is no sewer, you are creating your own hardship. Mr. Sandor stated that he has a letter from Phil Salerno, dated June 16, 1996. He has heard nothing official from the State DEC or anybody else. The applicant, Mr. DePaulis stated that if he doesn't get the sewer, he is not going to build. Member Finnerty stated that he wanted the record to show that this applicant is creating his own hardship if there is no sewer. He advised Mr. DePaulis "you have elected to go strictly sewer, and if sewer is not available, you will have to come back to this boazd."

Chairman Rosenfeld commented that the fall back position should come off the map now that they have shown it.

Planner Dotson commented that the cui-de-sac tength needs to be discussed. Mr. Sandor said this is a 14 lot subdivision. Chairman Rosenfeld commented that this fact should be identified on this map.

Planner Dotson commented that her comment #3 of her report is now moot. Her last comment was that on 8/20 maps went out to the DEC and the Town of Chester, so the 30 day time period has not run yet.

Mr. Sandor said that the majority of the engineering issues left are minor issues. He will add the calculations on the flow. The other issue about the capacity in the pipe are close, but it is less than the pipe capacity. It is approximately 63 and the pipe can handle 70 based on Manning equation.

Member Finnerty asked if the Conservation Commission has any questions or com- ments. Gary Abrignani responded that two members did walk the property, but are not here tonight. They are undecided about sending something to the Planning Board with the property showing sewer. If the Boazd wants them to review the plan now, they will.

Chairman Rosenfeld commented that the Boazd should write to Phi] Salerno and ask them if they have an opinion as to the availability of sewer specifically as it relates to this project. Member Finnerty commented that Mr. Salerno will not put himself on record now for a project. Member Cappola said we should do a motion to send a letter to Phil Salerno asking him if he has capacity for this project.

Mr. Sandor requested the board to set a public hearing on this project for ne~ct month. Planner Dotson noted that he seems to be ready for public hearing.

A motion to set a public hearing for October 8, 1996, at 8:00 P.M. was made by Member Cohen, seconded by Member Cappola, and passed unanimously.

Brady Brady

Mr. Mr.

continued continued that that the the sheet sheet cover cover indicates indicates they they that that did did tests tests 8 8 the the in in they azea azea

passed passed out out a a the the copy copy of of perc perc results results test test to to the the Board Board Members Members and and consultants. the the

performed performed

last last with with week week a a representative representative of of Ron Ron Rothenberg's Rothenberg's office office present. present. He He then

as as a a 10 10

Lot Lot subdivision, subdivision, which which represents represents a a reduction reduction of of 31ots. 31ots. The The perc perc tests tests were

reduced reduced

to to feet. feet. 900 900 This This reduction reduction has has a a yielded yielded reduced reduced lot lot count. count. It It presented is is now now

to to

Cromwell Cromwell Meadows. Meadows. At At the the boazd's boazd's suggestion, suggestion, the the cul-de-sac cul-de-sac has has length length been

on on its its

First, First, own. own. they they have have changed changed name name the the of of the the project, project, as as requested requested by by the the Boazd,

is is a a

still still

sketch sketch He He plan. plan. to to wants wants prove prove to to the the board board project project that that the the presented presented stand can can

Brady Brady Mr. Mr. gave gave a a brief brief description description the the project, project, of of noting noting what what that that are are they they proposing

Lipman, Lipman, and and Engineer Engineer Rothenberg.

attorney attorney

George George Valentine. Valentine. Consultants Consultants for for the the Board Board were were Planner Planner Dotson, Dotson, Attorney

Appearing Appearing

on on behalf behalf the the applicant applicant of of were were project project engineer engineer Pat Pat Brady Brady and and project

nest nest The The called called matter matter was was that that of of Cromwell Cromwell Meadows, Meadows, f/k/a f/k/a Round Round Lake Lake Manor.

CROMWELL CROMWELL MEADOWS MEADOWS F/K/A F/K/A ROi7ND ROi7ND LAKE LAKE MANOR

This This segment segment concluded concluded at at 10:03 10:03 P.M.

and and them them come come back.

Chairman Chairman Rosenfeld Rosenfeld commented commented that that the the applicant applicant has has to to comply comply the the with with comments

take take land land and and attach attach to to it it a a neighbor, neighbor, it it is is not not a a subdivision subdivision per per se.

for for

the the of of Town Town Monroe, Monroe, he he doesn't doesn't have have any any access. access. Mr. Mr. stated stated Davis Davis that that you when when

have have

access access and and frontage frontage through through the the Town Town of of Chester. Chester. Member Member Cohen Cohen commented commented that

the the back back

(and (and (indicating (indicating map) map) on on the the be be will will sold sold to to the the neighbor. neighbor. The The neighbor neighbor does

Davis Davis Mr. Mr. said said the the that that frontage frontage Lakes Lakes on on Road Road will will be be retained retained by by the the applicant applicant and

that that

a a as as lot lot line line change, change, this this application application does does not not a a require require public public hearing.

Planner Planner commented commented Dotson Dotson that that under under new new the the regulations, regulations, it it is is her her interpretation

to to to to address address have have them.

commented commented

that that Planner Planner Dotson Dotson has has identified identified some some problems, problems, the the and and applicant applicant is is going

ments, ments, and and the the maps maps will will be be revised revised in in accordance accordance same. same. with with Chairman Chairman Rosenfeld

is is

the the subject subject

this this of of application. application. Davis Davis Mr. Mr. stated stated that that has has he he Dotson's Dotson's Planner Planner com-

propeRy propeRy at at a a county county sale. sale. tax tax The The applicant applicant is is under under contract contract to to sell sell the the property property which

Mr. Mr. Davis Davis briefly briefly described described the the pto~ect pto~ect that that stating stating the the applicant applicant had had purchased purchased this

applicant, applicant, Steve Steve Michalski.

Attorney Attorney

Bernard Bernard E. E. Davis, Davis, and and Project Project Engineer, Engineer, Ed Ed Behke, Behke, Lanc Lanc &Tully, &Tully, of of and and the

application application for for a a Lot Lot Line Line Change. Change. Appearing Appearing on on of of behalf behalf the the applicant applicant were were Project

The The

next next

called called matter matter was was that that of of Mid Mid Hudson Hudson II II Holding Holding Company, Company, which which is is an

MID MID HUDSON HUDSON II II HOLDING HOLDING CO~ANY CO~ANY INC

SEPTEMBER SEPTEMBER 10, 10, REGIJL,AR REGIJL,AR 1996 1996 MEETING

the the give give Planning Planning Board Board percussion percussion to to enact enact a a cluster cluster development.

have have

to to a a form form district district for for a a SPEDES. SPEDES. He He would would ne~ct ne~ct have have to to to to the the go go Board Board Town Town to

homes homes

on on s. s. 20,000 20,000 lots. lots. f. f. he he had had If If 100 100 foot foot width, width, he he could could get get lots. lots. He He lO lO would

corporation corporation to to maintain maintain the the system. system. The The type type of of he he cluster cluster has has are are mind mind in in single single family

15 15 to to 18 18 acres acres would would remain remain forever forever green. green. They They would would have have to to form form a a transportation

they they

that that

the the prefer prefer layout. layout. cluster cluster He He wants wants some some kind kind agreement. agreement. of of Under Under the the cluster,

Planner Planner asked asked Dotson Dotson Mr. Mr. Brady Brady which which do do plan plan they they prefer? prefer? responded Brady Brady Mr. Mr.

Mr. Mr. Brady Brady stated stated that that he he prepared prepared has has a a list list of of SEQRA SEQRA agencies.

they they will will have?

Engineer Engineer Rothenberg Rothenberg inquired inquired if if they they the the go go with with clustering clustering plan, plan, much much how how disturbance

require require

a a SPEDES SPEDES from from DEC. DEC. Mitigation Mitigation and and replacements replacements have have will will to to be be discussed.

any any

formal formal stormwater stormwater plan plan yet. yet. They They will will have have over over 5 5 acres acres disturbance, disturbance, of of and and will

they they what what to to plan plan the the do do with with wetland. wetland. Brady Brady Mr. Mr. responded responded that that he he not not prepared has has

Chairman Chairman Rosenfeld Rosenfeld commented commented that that he he would would like like the the applicant applicant to to add add a a as as to sheet sheet

in in the the final final design, design, this this will will be be taken taken account. into into

intersection intersection of of and and LaRue LaRue Cromwell, Cromwell, is is he he concerned concerned about about that. that. Brady Brady Mr. Mr. stated stated that

Engineer Engineer Rothenberg Rothenberg inquired inquired about about site site distance, distance, saying saying as as that that you you to to the look look

and and lots lots using using the the e~sting e~sting one.

slopes. slopes.

Brady Brady Mr. Mr. stated stated that that they they can can probably probably get get They They 10%. 10%. aze aze proposing proposing new 9 9

will will probably probably fall fall in in the the range range of of 7%. 7%. Engineer Engineer Rothenberg Rothenberg asked asked the the about about driveway

Road, Road, Hill Hill its its 2%and 2%and comes comes a a to to low low point point and and starts starts climb climb to to at at 1.1%. 1.1%. The The cul-de-sac

Brady Brady Mr. Mr. continued continued that that as as faz faz as as road road grades grades aze aze concerned, concerned, coming coming in in off off Cromwell

shift shift could could the the westerly westerly line line Lot Lot of of to to 8 8 improve improve the the lines lines of of Lots Lots 5 5 and and 6.

fcr fcr

Lats Lats 6 6 withcut withcut 5 5 and and the the moving moving driveway driveway on on I,ot I,ot Brady Brady Mr. Mr. responded responded 42 42 that that he

Chairman Chairman Rosenfeld Rosenfeld asked asked the the applicant applicant they they how how intend intend to to get get more more road road frontage

in in the the applicant's applicant's is is mind, mind, synonymous synonymous with with clustering.

Attorney Attorney Lipman Lipman commented commented that that is is he he at at looking looking average average density, density, which which believes he he

County County Route Route 5.

map map

which which deed deed the the refers refers to, to, the the right-of-way right-of-way e~ctends e~ctends from from end end the the the the of of property property onto

proposed proposed

central central area area septic septic over over the the right-of-way. right-of-way. 50 50 He He got got a a copy copy the the county county of of taY

Mr. Mr.

Brady Brady continued continued that that at at last last month's month's meeting meeting there there was was concern concern access access over over to to the

Brady Brady continued continued that, that, in in his his opinion, opinion, it it meets meets the the requirements.

was was

which which at at feet feet 7 7 Lot Lot 3. 3. on on The The of of area area the the common common septic septic had had ripable ripable shale. shale. Mr.

stabilized stabilized rates rates of of between between 7 7 to to 12. 12. in in Only Only hole hole one one they they did did encounter encounter groundwater

proposed proposed the the as as pert pert area area the the for for septic. septic. central central tests tests Pert Pert were were done done have they they and and

SEPTEMBER SEPTEMBER IQ IQ REGUT,AR REGUT,AR 1496 1496 MEETING SEPTEMBER 1Q 1996 REGULAR MEETING

Chairman Rosenfeld commented that if Planner Dotson and Attorney Lipman say this is feasible, we are going to have to look at ii. The community septic is going to have to work. Mr. Brady said that access to the community septic system would be through the right-of-way and access to the maintenance facility could be restricted to the right-of- way. He would put in a dry sewer system. Each house would have a tank. At the last manhole there will be a pump (located at the intersection of the proposed road and Cromwell Hill Road.) Each individual homeowner will have to maintain his own tank.

Attorney Lipman asked how many lots will the applicant settle for. Mr. Brady responded that he is saying ten lots. Planner Dotson commented "except the driveways, the jury is still out on that one." Chairman Rosenfeld asked if the Board wants to see the complete conventional layout. Planner Dotson said two members have said yes, they want to see modified bulks and the driveways grades.

~Sr. BradS~ asked ahout SEQRA, an~i Pi~n~er Dotson responded that you don't discuss Lead Agency on a sketch plan. At such point as they have a plan that would be ready for preliminary, at that point we would be ready to start SEQRA.

Neact there was a discussion on drainage. Engineer Rothenberg commented that the corner of Palmer and Cromwell is a problem. There is a problem there now, and there will be an increase there. He has very good peres on this property, but this will be a hard sell to the people downstream. Engineer Rothenberg continued that when Hurricane Bertha came through, there was a big lake over there. They had to close it off. Mr. Brady said he would not have a problem sitting down with the Town to discuss this. Member Finnerty suggested they set up a meeting with Roy Montanye, Ronnie Rothen- berg and themselves. Mr. Brady said the neighbor with the drainage problem is not going away whether they go with the cluster or the conventional layout. Planner Dotson commented that this is an unlisted action as faz as she can see. A coordinated review is not required because you have to go to the Town Board for clustering, transportation corp., etc. She is suggesting not coordinating the review. The advantage is that we don't have to delay the applicant.

Member Cohen commented that we could send a letter to the Town Board if this is something we may want. Planner Dotson added that we could certainly send them something. Chairman Rosenfeld inquired of the board would we rather have a cluster with a central septic? Member Cohen commented that it would reduce a number of impacts. Mr. Brady added that there would be a greater degree of water quality, less impervious surfaces, etc. under clustering. Planner Dotson suggested that we could send a letter based on what we discussed tonight with the number to be determined. Chair- man Rosenfeld ask for a motion to send a letter to the Town Board, which Planner Dotson is to prepare. The motion was made by Member Finnerty, seconded by Member Cohen, and passed unanimously with all members voting.

` ` following following information:

Board. Board.

Chairman Chairman

Rosenfeld Rosenfeld

said said that that any any letter letter which which gets gets sent sent should should include include the

Member Member

Cohen Cohen

stated stated he he

that that

thinks thinks we we should should respond respond with with a a formal formal letter letter the from from

Clerk.

a a them them complete complete

copy copy

of of

the the

Lead Lead Agency Agency statement statement and and the the EIS EIS to to went went Village the the

in in thing thing

his his computer. computer.

She She will will

haue haue not not this this situation situation again. again. However, However, Mr. Mr. Lithco Lithco gave

her her usual usual

practice, practice,

but but

the the document document very very was was lengthy lengthy and and Lithco Lithco Mr. Mr. the the had had whole

that that

finding finding

never never

out. out. went went

Planner Planner Dotson Dotson thought thought that that it it had had gone gone out. out. This This not is is

Planner Planner I3otson I3otson

commented commented

that that we we made made finding finding the the that that the the project project was was in in sync sync and

asking asking if if they they wanted wanted to to go.

received received

a a reply. reply.

Member Member

Finnerty Finnerty stated stated he he that that personally personally called called left left and and message a a

the the

site. site.

He He personally personally

delivered delivered

this this letter letter to to the the Harriman Harriman Town Town Clerk. Clerk. He He never

Catherine Catherine

Sattlehaight Sattlehaight

and and

her her board board members members inviting inviting to to them them come come with with us us visit and and

Harriman Harriman

Business Business

Park. Park.

Chairman Chairman

Rosenfeld Rosenfeld stated stated that that he he personally personally wrote wrote a a letter letter to

The The

Board Board

next next

discussed discussed the the

letter letter received received the the from from Harriman Harriman Planning Planning Board Board on

boazd's boazd's decision decision and and

give give

the the necessary necessary instructions instructions to to the the applicant applicant about about mailing. the the

P.M., P.M., on on the the

hlid hlid Hudson Hudson

II II application. application. The The Secretary Secretary will will notify notify Davis Davis Mr. Mr. of of the

discussion, discussion,

it it decided decided was was

that that

there there

be be will will a a public public hearing hearing on on October October 8, 8, 1996, 1996, at at

8:00

to to find find

the the applicable applicable

law. law. is is He He opposed opposed to to not not having having a a public public hearing. hearing. After After more

the the

motion motion for for a a

public public

hearing hearing

during during the the meeting meeting because because he he was was busy busy Alan Alan with with trying

strongly strongly

that that the the

public public

should should

know know is is what what going going on. on. He He said said that that he he didn't didn't even even hear

members members

to to as as

the the necessity necessity

a a

public public of of hearing hearing for for a a lot lot change. change. line line Member Member Cohen Cohen felt

were were put put

effect effect

into into

to to

simplify simplify the the process. process. There There followed followed a a discussion discussion b_y b_y the the board

public public

hearing hearing

for for

a a lot lot line line

change. change. Member Member Finnerty Finnerty commented commented that that these these regulations

(Mid (Mid

Hudson Hudson In, In,

and and

discuss discuss

it it some some more. more. He He believes believes that that under under state state law, law, you you need need a

Member Member

Cohen Cohen said said

would would he he to to tike tike go go to to back back the the Lot Lot Line Line Change Change application

~~IvnSTRATIVE ~~IvnSTRATIVE RTJSII~ESS

This This segment segment concluded concluded at at 10:52 10:52 P.M

and and erosion erosion control.

Mr. Mr. Brady Brady

added added

he he that that

come come can can in in with with Mr. Mr. Farracane Farracane to to set set up up a a meeting meeting on on soil

man man Rosenfeld Rosenfeld voted voted against against the the motion.

by by

Member Member

Finnerty, Finnerty,

seconded seconded

by by Member Member Cohen, Cohen, passed passed and and by by a a vote vote of of 4! 4! i i . . Chair-

order order

to to

at at look look the the

cluster. cluster.

Anew Anew

motion motion to to send send a a letter letter to to the the Town Town Board Board was was made

Member Member

Finnerty Finnerty

commented commented

we we that that need need the the approval approval the the from from Town Town Board Board in

reiterated reiterated he he that that thinks thinks we we are are taking taking this this too too fast.

Lipman Lipman added added

it it that that is is subject subject to to the the septic septic system system working. working. Chairman Chairman Rosenfeld

Chairman Chairman

Rosenfeld Rosenfeld

commented commented that that he he thinks thinks that that is is jumping jumping a a little little Attorney fast. fast.

SEPTEMBER SEPTEMBER 1Q 1Q 1996 1996 REGULAR REGULAR MEETPtiG

SANDY SANDY SC SC IDER

o — ,~J~ ,~J~ ~

There There no no being being further further business, business, the the Chairman Chairman adjourned adjourned the the meeting.

passed passed unanimously.

business business

this this of of

was was week week made made by by Member Member Finnerty, Finnerty, seconded seconded by by Member Member Cappola, Cappola, and

submitted submitted

to to replenish replenish

the the escrow escrow account account must must be be given given to to the the secretary secretary the the by by close close of

A A motion motion to to

advise advise

applicant applicant the the and and attorney attorney for for Mansion Mansion Ridge Ridge that that monies monies must must be

worked worked up up and and submitted submitted for for Planning Planning Boazd Boazd approval.

the the

secretary secretary to to the the obtain obtain year year to to and and date date figures figures 1995 1995 so so the the budget budget 1997 1997 be could could

for for the the

Planning Planning

Board Board to to prepare prepare and and submit submit a a proposed proposed budget. budget. 1997 1997 He He then then directed

Chairman Chairman

Rosenfeld Rosenfeld advised advised that that he he has has received received a a request request from from Supervisor Supervisor Frerichs

ed ed by by Member Member Cohen, Cohen, and and passed passed unanimously.

July July

9, 9,

1996 1996 Regulaz Regulaz Meeting Meeting Minutes Minutes amended amended as as was was made made by by Member Member Cobb, Cobb, second-

A A motion motion to to

accept accept

the the June June 18, 18, 1996 1996 Regular Regular Meeting Meeting minutes minutes published, published, as as and and the

was was not not the the board board its its consultants consultants or or making making this this representation.

engineer) engineer)

represented represented

who who

he he believes believes the the plan plan do -able. -able. is is She She it it wants wants very very clear clear that that it

section section dealing dealing Round Round with with Lake Lake amended amended read read to to it it that that is is Mr. Mr. Brady Brady applicant's (the (the

Planner Planner

Dotson Dotson noted noted that that she she would would like like reference reference the the the the in in minutes, minutes, July July the on on

MINUTES MINUTES APPROVAL

letter.

Planner Planner

Dotson Dotson and and the the Secretary Secretary are are to to get get together together and and drag drag up up an an appropriate

meeting meeting date.

4. 4.

They They

were were

invited invited to to a a joint joint meeting meeting that that happened happened to to interfere interfere with with their their own

joint joint meeting.

day day

of of

the the

walk, walk,

and and asked asked them them to to be be there. there. also also He He recommended recommended the the setting setting up up of of a

3. 3.

Member Member Finnerty Finnerty called called Ms. Ms. Sattlewaight Sattlewaight and and personally personally invited invited outlined outlined them, them, the

the the project project before before was was us us in in harmony harmony the the with with filing.

2. 2.

instructions instructions Our Our

to to attorney attorney the the the the for for project project were were to to distribute distribute all all literature literature that

was was which which left left the the

with with Village Village

Clerk, Clerk, there there and and was was no no response response from from Hamman Hamman at at all.

the the

site site addressed addressed visit visit Ms. Ms. to to Sattlewaight Sattlewaight and and the the Viliage Viliage Planning Planning Board Board Members,

1. 1. That That

Chairman Chairman

Rosenfeld Rosenfeld hand hand delivered delivered a a personal personal invitation invitation one one week week to prior prior

SEPTEM$ER SEPTEM$ER 10, 10, 1996 1996 REGULAR REGULAR MEETING TOWN OF MONROE PLANNING BOARD

NOTICE OF WORKSHOP MEETING ON MANSION RIDGE COUNTY CLUB

PLEASE TAKE NOTICE that on Tuesday, September 17, 1996, at 7:30 P.M., the Planning Board for the Town of Monroe will hold a Special Workshop Meeting on the application of MANSION RIDGE COUNTRY CLUB to outline and discuss the site plan for the project, as proposed by the applicant.

This Workshop Meeting will commence at 7:30 P.M., at the John C. DeAngelis Meeting Room of the Town Hall, IS Lake Street, Monroe, New York.

All interested parties are invited to attend.

DY t'iR~ER Gr TfiE FLt1NIoiitv'v BOrSR~ TOWN OF MONROE

Jeffrey M. Rosenfeld Chairman

Dated: September 6, 1996 WORKSHOP MEETING OF OCTOBER 2, 1996 MANSION RIDGE COUNTRY CLUB SITE PLAN

A Special Workshop Meeting of the Town of Monroe Planning Board was held on October 2, 1996, at 7:30 P.M., in the Court Room upstairs from the John C. DeAngelis Meeting Room, 15 Lake Street, Monroe, New York. The purpose of this meeting was to discuss the proposed Site Pian for the Mansion Ridge Country Club project.

Present for the Planning Board were Chairman Jeffrey M. Rosenfeld and Members Finnerty, Cobb and Cappola. Member Cohen was absent. Consultants present on behalf of the board were Planner Leslie Dotson and Engineer Ronald Rothenberg. Attorney Lipman had previously advised the Board that, due to scheduling conflicts, he would be unable to attend.

in attendance for the applica~ were Project Engineer, Bob Brett, Project Contractor, Steve Esposito, Project Attorney, James Sweeney, and Frank Giordano, of the Great Expectations partnership. The meeting was called to order at 7:48 P.M.

Mr. Sweeney stated that at our last meeting, it was agreed that plan on how to review this site plan would be devised. This is the first part of it tonight. He then gave the floor over to Bob Brett.

Mr. Brett said that he had met with Leslie Dotson and Ron Rothenberg on Monday. They reviewed Planner Dotson's comments from the prior meeting, which were basically housekeeping issues. Those issues have no bearing on tonighYs meeting. He then presented the Board with a "Work Plan" that outlines items of construction. This is the first of many work plans which will be reviewed, approved and bonded. They want our permission to start felling trees and doing grade work within the golf course proper. The plan is to work within the golf area, including ttee removal for infrastructure areas, as well the sewage plant area, etc. Within the golf area they want our permission to cut trees, strip topsoil, stockpile top soil, rough grading, etc. The next stage would be the fine grading, etc. and all utilities work to wrap up the golf course. He wants to make simple plans for the Board to keep in its file, which say what they want to do and here is where it is going to be done. They completely recognize that the erosion control measures are essential to this plan. The developer will post a performance guarantee that says ff these guys disappear, this area will be restored and made green, so that it is not unstable. They view this as an on-going dialogue process. October 2, 1996 -Mansion Ridge Workshop -Site Pian

Mr. Bratt continued that everytime he submits a work plan, he will submit what he will call an "F" drawing ("F" denoting final) because he doesn't know what else to call it. The one the board has tonight was sheet C-4 in the big roll of plans. They want to do clearing and rough grading for the golf course and effluent plant.

Member Finnerty inquired if the board had approved a tree plan yeY? Mr. Sweeney responded that back at the beginning, the board approved a three prong process. Mr. Bratt continued that there were at least tt~ree levels on how it would be decided if a tree stayed. If it is on a fairway, it isgone. Ifa tree is between a pair of holes, then there are areas where selective removal is considered. However, this is only after the fairvvays themselves have been staked out. The lines of play get laid ouf and the swath is cut. On the fringe areas, there is some selection. Then, when everything is done, there is some final pruning, etc. This is a process that doesn't play well with the tree law. Leslie Dotson and Ron Rothent~tg have to be involved parties 4hraughout the entire process. Ths design process doesn't end until the golf course is entirely built. They are about to receive the DEC' and Army Corp. permits. They would like to wetland permit from the Town of Monroe to issue at this time.

Planner Dotson commented that we would have to go through the process, and the problem could be if there was any inconsistencies between our concerns and that of the DEC and the Army Corp. We need to go through the stages.

Mr. Bratt responded that he doesn't think it would be presumptuous to say when they get DEC and Army Corp. approval, that we should give ours.

Engineer Rothenberg said he has some questions about what kinds of equipment will be out there, what days and hours they wilt be running the equipment, the noise levels, and how long they anticipate this phase will take and when they want to start.

Mr. Esposito responded that there will be mechanized tree clearing contractor coming in. There will be a mechanized tree clipper, 2 to 3 skitters, large chippers, etc. He continued that it is going to be noisy.

Engineer Rothenberg commented that the applicant had said they were going to have a staging area, Mr. Esposito said yes, they would plow the wood chips into tractor trailers and take it right away from the area.

Member Finnerty asked about firewood. Mr. Esposito said there would be some liability with that; people coming on to the site and all, but something could possibly be worked out.

-2- October 2, 19~ -Mansion Ridge Workshop -Site Plan

Mr. Bratt stated that they want to get the clearing done in the fall while the weather is still good. Mr. Esposito said they will develop access roads to the staging areas, they will also develop some major swales, detention basins, and erosion control measures. Planner Dotson inquired where will the staging area be? Mr. Bratt stated that the goal would be to work in an area as remote as possible, but the contractor will have to write his work plan.

Member Finnerty stated that this board does notwant the contractor in control. We don't want him controlling this project. Mr. Bratt stated they could push the conhactor in the right direction. Mr. Esposito stated that they will have an on site office and there will always be someone on-site.

Member Finnerty commented that we are talking about a good deal of cooperation between our consultants, this board and you. Member Finnerty continued, asking if this will be covered by a bond? Mr. Sweeney replied "yes." He will get together with Alan Lipman and they have to start with a dollar figure for restoration numbers. They will prepare a figure and submit it Engineer Rothenberg.

Engineer Rothenberg responded that he prepares his own numbers and he will send them a copy, adding that he will require from Bob Bratt the area of disturbance.

Chairman Rosenfeld asked when they propose to start machines going, and Mr. Bratt responded "as soon as possible."

Mr. Sweeney stated that hopefully, the could meet witfi us next Tuesday night at our regular meeting for some more dialogue. Mr. Bratt added that he thinks they are close to site plan approval.

Planner Dotson commented that perhaps the board could grant site plan approval at this point for the golf course only.

Chairman Rosenfeld inquired if any member of the board, or our consultants, had any outstanding questions or comments.-

Planner Dotson commented that the applicant has some polishing and tweaking to do on the overall site plan.

Mr. Sweeney stated that he thinks we should proceed in the sequential working order we discussed last time.

Member Cappola asked how much time is this going to take and how much is going to get ripped up?

-~~ October 2, 1996 -Mansion Ridge Workshop -Site Plan

Mr. Bratt asked the board how do we want them to proceed. Do they clear, grade and stump one hole and then move on to the next one, or do ail of them at once?

Mr. Esposito said that first thing they would clear cut for access areas and fairvvays. They will clear cut the entire site. He continued that chances are they will not do any stumping this fall. To do the entire parcel of clearing will take approximately 60 to 90 days. The grading will start before the clearing is done. Stumping will be next, then stripping topsoil, stabilizing topsoil, and doing erosion conVol measures.

Member Finnerty commented that he believes we should have an index. He would like to have the whole picture here; not like a serial where one comes along each week. Just so the board knows what stages have to be taken and in what order. Mr. Sweeney said that nothing goes unless the board approves it first. This board has control over each phase. Mr. Bratt added that they are trying to give it to us indigestible chunks. You might even suggest what the Board thinks would be the next logical stage. Mr. Sweeney told Mr. Esposito to write down five or six major categories for the board.

Engineer Rothenberg commented that (doing the work plans) he thinks it works to our advantage in this respect; it keeps them in check, but as long as they are doing and are financially viable, its okay. Mr. Esposito added that it is a manageable process.

Chairman Rosenfeld asked Engineer Rothenberg "what do you intend your involvement to be on a time basis?" Engineer Rothenberg responded that there are one or two people in his office who are inspectors. He sees somebody from his office going out there on a daily basis. The inspectors from his office have lots of field experience. He wilt speak to the inspectors daily when they come in. If there is a problem, they will either tell him when they come in or call him from the job site and he will go out.

Mr. Braff said that the bond will cover the maintenance and erosion control, and added that he expects inspections at least to the event described by Ron.

Member Finnerty commented that he would like to look at sediment control. Mr. Brett said that the program in terms of any disturbed area is always protected down slope by hay bales, etc., to prevent any sediment from running out. It is an elaborate or as extensive a plan as any, to use Ron's words, "he has ever seen."

Mr. Brett outlined these plans for the board on the map, commenting that the DEC takes this matter most seriously. He added that Sheets 39B or 39C has all the details. A performance bond must include a plan for the maintenance of

-y_

-5~

Secretary

~y~ ~y~ ~ \ ider ider ~

_ _ f

.~

There There being being no no further further business, business, the the Chairman Chairman adjourned adjourned the the meeting. meeting. '~

Sweeney Sweeney responded responded it it would would be be there. there. ,;j

the the escrow escrow account account will will forthcoming forthcoming be be to to cover cover the the next next couple couple of of meeting. meeting. Mr.

Member Member Finnetty Finnetty asked asked Mr. Mr. Sweeney Sweeney if if we we can can be be assured assured that that to a a check check

advised advised the the Secretary Secretary to to meeting. set set the the

1996, 1996, at at 7:30 7:30 P.M. P.M. The The date date appeared appeared with with good good everyone, everyone, and and the the Chairman

Tuesday, Tuesday, and and ask ask would would if if we we could could set set up up another another workshop workshop for for October October 15,

Mr. Mr. Sweeney Sweeney said said that that he he just just seen seen has has the the Board's Board's heavy heavy agenda agenda for for next next r L

visit visit the the Mr. Mr. site. site. Esposito Esposito said said they they can can do do that.

by by board board members, members, other other than than Ron Ron Rothenberg, Rothenberg, who who will will be be there there the the ail ail time, time, to

.' .' Member Member Finnerty Finnerty asked asked for for them them to to up up set set an an approwmate approwmate for for visitation visitation dme dme 3`

then then they they go go and and set set out out it it straight. straight. ~`

has has difficulty difficulty understanding understanding the the documents, documents, it it is is his his obligation obligation to to tell~wthem tell~wthem and

documents documents Army Army (DEC, (DEC, Corp., Corp., Local Local Permits) Permits) to to the the contractor. contractor. If If the the contractor

selective selective cutting, cutting, and and they they wilt wilt stake stake out out everything, everything, and and will will provide provide ail ail reference

wetland wetland disturbance. disturbance. Mr. Mr. Esposito Esposito responded responded that that they they will will delineate delineate clear clear cut,

Dotson Dotson Planner Planner asked asked will will how how they they inform inform guy guy in in the the the the ~ieid ~ieid about about the

the the measures. measures. control control = = ~

Mr. Mr. commented commented Brett Brett the the that that the the larger larger area area of of distsarbance, distsarbance, the the mor~,int~nsive

the the board board consultants consultants and and the the all all the the erosion erosion and and sedimentation sedimentation measures. cortt~ol cortt~ol

There There was was a a discussion discussion lengthy lengthy with with Mr. Mr. Bratt Bratt indicating indicating on on tte tte plans plans for

compliance.

of of this? this? The The response response that that was was you you stop stop them them working working from from they they if if are are not not in

Member Member Cappola Cappola asked asked how how will will the the board board in in be be control control of of the the compliance

this this document document dated dated -"F-1", -"F-1", September September 30, 30, 1996.

Sweeney Sweeney said said Planner Planner that that will will Dotson Dotson the the write write resolution resolution which which reference would would

Chairman Chairman Rosenfeld Rosenfeld there there asked asked if if was was anything anything else else for for tonight. tonight. Mr.

or or someone someone from from will will staff staff there there his his be be full full time.

party? party? Mr. Mr. Esposito Esposito stated stated that that he he the the is is responsible responsible party, party, adding adding either either that that he

we we so so have have don't don't to to worry worry about about the the bond? bond? Who Who is is going going to to the the be be responsible

these these ° ° erosion erosion

measures. measures. Engineer Engineer Rothenberg Rothenberg what what asked asked are are they they going going to to s;: do do

October October 1996 1996 2, 2, -Mansion -Mansion Ridge Ridge Workshop Workshop Plan -Site -Site MEETING OF TUESDAY, OCTOBER 8, 1996

The following matters are scheduled to be heard by the Planning Board of the Town of Monroe, at the John C. DeAngelis Meeting Room of the Town Hall, 15 Lake Street, Monroe, New York, at 8:15 P.M. Items maybe deleted, or the order of appearance altered at the Regular Meeting, at the discretion of the Planning Board.

8:00 P.M. PUBLIC HEARING

Highview, Section II -Public Hearing for Preliminary Approval for 13 lot subdivision.

Mid-Hudson II Holding Co., Inc. (Michalski) -Public Hearing for Preliminary &Final Approval for 2 lot subdivision (lot line change application).

REGULAR MEETING - 8:15 P.M.

L Highview, Section II -For further review.

2. Mid Hudson II Holding Co., Inc. (Michalski, Steven) - For further review.

3. Lake Manor, Section III - For further review.

4. Cromwell Meadows f1k/a Round Lake Manor -For further review.

5. The Links -New application - 41ot subdivision.

6. Santiago Subdivision -New Application -Lot Line Change.

7. Berry Road -For further review.

8. Buck/Aronson -Amendment to filed subdivision map.

ADMINISTRATIVE BUSINESS

9. Minutes Approval for September 10th Regular Meeting, August 6th Joint Meeting and August 13th Regular Meeting.

10. Review of Planner Dotson's proposed checklist. Jttt'rcy M. Rosenfeld PLANNINQ BOARD Ranald Rotittntlerg, 1':GT ~~~+B~~~ner Chairman TOWN OF MONROE Pat Cappola } 782•R661 11 - 13 STAQE ROAR AICrod M. Cobb Aiun 5 I.ipmait MUNflfJE, N.Y. 10964 niiorncy Char#es F. Finnorty 29a-~9aa Samuel H. Cohen TEL. 782-8221 Sondra Schneider Sccrc~ury 497-~~~ 469-8402

TOWN QF MONROE PLANNSNG BORRD

Notice i:~ hereby given that= the. Planning Hoard of the Town <>f Manrae hras 5c.ha=.r3taled thu f~~.]l~wing publ..lc hearing nn tha At.h day ~f C3ctat~eer, 1946, rat 8:00 P.M. , to bet kaFl.d ~t t:he John C:. DeAr~ge]ig Meel.ins Roam of the. Town Ha 7.3., 15 I.sN:e Street, Monroe, New York.

A r~ubJic hearing wi]1 be held on the, at~t~lication of NIGHV:Ik.W II, £or tha px~en~~..~Hs iterated QI] l.aksa Road net~r~ i t s ini:ar~c~c:t3c>n ~uit.h School Ftc~acl f«r preliminHry approuat ~rici r~ wetland r~ex~nl:ft, i1° Any, fpr a 1.3 La1. subdivision ~f X,4F~.'L +/- t~<:ra.s n!' ilia ~rrc~mise5 ]tnnwn and dHesignated as Sect ion 29, Klock 1, (.~t 29.5. 'I`hr~ r~x-c~misgs are located in t}tc~ RR --1 .5 Zoning Di~triCt.

All interested r~artis~t are invited t.o attend.

BY nRF~R of THE PLANI~IING SOAkb

Jeffrey M. Rosenfeld Chairman

Elated: Se~atember ]7, 1996 TUESDAY, OCTOBER 8, 1996 -REGULAR ti1EETING

The Planning Board of the Town of Monroe held its Regular Meeting on Tuesday, October 8, 1996, at the John C. DeAngelis Meeting Room, of the Town Hall, located at 15 Lake Street, Mon- roe, New York. Present on behalf of the Planning Board were Chairman Jeffrey M. Rosenfeld and Members Cappola, Cobb, Cohen and Finnerty. Consultants present on behalf of the Board were Planner Dotson, Engineer Rothenberg and Attorney Lipman. Alter- nate Attorney Michael Donnelly and Alternate Engineer Gerry MacDonald also appeared on specific agenda items.

Prior to the commencement of the portion of the meeting, the board conducted two public hearings. The first public hearing was on that of Highview II

HIGH~7ISW II - PIIBI,IC HfiAHIN~

Chairman Rosenfeld called the Public FIearing on the Highview II application to order at 8:02 P.M. Chairman Rosenfeld read the public hearing notice, which had been duly published. Appearing on behalf of the Board would be alternate consultants Donnelly and MacDonald. However, Engineer MacDonald would be delayed in arriving due to scheduling conflicts, and the public hearing would be conducted without his presence. Appearing on behalf of the applicant was the project engineer, Michael Sandor. The Chairman requested that Mr. Sandor described the project briefly for the benefit of the public.

Prior to describing the project, Mr. Sandor gave to the Secretary all the green return receipt cards and the white mail- ing slips, stating that all 300 foot adjoiners had been notified by certified mail return receipt requested. Mr. Sandor then gave a brief description of the project, and the Chairman asked if there were any questions and/or comments from the public.

Ms. Dursin asked where is the road originating £rom? Mr. Sandor replied off of School Road, to the right of the house built last year.

Mr. Gary Abrignani, Chairman of the Conservation Commission, asked Mr. Sandor to explain the proposed drainage systems for the project. Member Finnerty asked if this question could be de- ferred to the Regular portion of the meeting where that subject would be discussed in depth, when the Board's professionals have all arrived.

Mr. Jerry Alberti, of Monroe Hill Estates, asked how 13 new wells will affect the area. Chairman Rosenfeld asked Mr. Alberti if he, or any of his neighbors that he knows of, have experienced any problems. Mr. Alberti said "yes." Chairman Rosenfeld then commented that it has been well established that landowners have a right to drill for water on their own property. However, there has been no indication that there will be any interference with anyone else's well. The Chairman continued that if anyone should experience a problem, they should call the Building In-

Z.

the the Board's Board's secretary secretary

is is employed employed by by Mr. Mr. Davis.

neering. neering.

Planner Planner

Dotson Dotson

recorded recorded

this this

section section

of of

the the

minutes, minutes, as

Davis, Davis,

project project

engineer, engineer,

Jim Jim

DeWinter, DeWinter,

of of

Lanc Lanc and and Tully Tully

Engi-

applicant, applicant,

Steven Steven

Michalski, Michalski,

were were project project

attorney, attorney,

Bernard Bernard

E.

Engineer Engineer

Rothenberg Rothenberg

and and Attorney Attorney

Lipman. Lipman. Appearing Appearing

with with the

change). change).

Appearing Appearing

on on

behalf behalf of of the the

board board were were

Planner Planner

Dotson,

hearing hearing

on on

the the

Mid -Hudson -Hudson II II

subdivision subdivision

application application

(lot (lot line

The The

next next

matter matter

called, called,

at at

8:23 8:23

P.M:, P.M:, was was that that of of the the public

-HUDSON -HUDSON

MID

II II HOLDING HOLDING CO. CO. - - PUBLIC PUBLIC HEARING

Cobb, Cobb, seconded seconded

by by Member Member

Finnerty, Finnerty, and and passed passed

unanimously.

lic, lic, motion motion a a

to to close close

the the

public public

hearing hearing was was

made made

by by Member

There There

being being

no no further further

comments comments

or or questions questions from from the the pub-

tell tell this this board board anytime.

during during

or or after after

the the

construction construction

of of

this this project, project,

he he

can can come come

and

The The Chairman Chairman

told told

Mr. Mr.

Mitosin Mitosin that that if if he he has has problem a a

deals deals

with with this this

during during the the regular regular meeting.

gerous gerous

time, time,

and and

we we have have

a a 4 4 page page report report

from from engineer engineer

our our

which

commented commented

that that

during during

the the construction construction

phase phase

is is

the the most most dan-

viewed viewed his his

drainage drainage

calculations calculations

for for

the the public. public.

Member Member

Finnerty

have have to to satisfy satisfy

the the board board

and and its its consultants. consultants.

Mr. Mr.

Sandor Sandor

re-

State State

Law. Law.

The The

town town is is

looking looking

at at

the the large large

area, area, and and

he he

will

the the

applicant applicant

has has satisfied satisfied

the the

ordinance. ordinance.

The The other other

is is

the

issues. issues.

The The first first

is is

our our engineer engineer

will will

have have

to to be be satisfied satisfied

that

be be

responsible. responsible.

Attorney Attorney

Donnelly Donnelly

commented commented

that that

there there

are are two

blem blem area. area.

Mr. Mr.

Mitosin Mitosin

asked asked if if

there there

was was

a a problem, problem,

who who would

the the

board's board's

consultant, consultant,

Gerry Gerry MacDonald, MacDonald,

and and this this is is

not not a a

pro-

ly ly receive. receive.

Mr. Mr.

Sandor Sandor replied replied

that that he he

looked looked

at at this this

area area with

other other

property property

owners owners

in in excess excess of of what what

those those properties properties

current-

drainage, drainage,

the the

applicant applicant

cannot cannot

cause cause any any

changes changes in in drainage drainage

to

does does

already. already.

Member Member

Finnerty Finnerty

noted noted

that that

legally, legally,

with with

regard regard

to

was was

sufficient, sufficient,

or or

would would

his his

property property

get get more more

run-off run-off

than than

it

mountain mountain

would would

be be

put put

into into 48" 48" a a

pipe. pipe. He He

wanted wanted

to to know know

if if

this

area area is is

a a wetland wetland

and and

they they were were

told told all all

the the drainage drainage

from from

the

and and

the the

wetland wetland

now. now.

He He is is

on on

School School

Road, Road,

but but

set set back back

in. in.

The

Mr. Mr.

Mitosin Mitosin

added added

that that

there there

is is a a prn~lsm prn~lsm with with the the drainage

water water situation.

they they are are

affected, affected,

they they

would would be be

able able

to to substantiate substantiate

the the

current

with with

water water

problems problems

to to

keep keep detailed detailed

water water

records records

now, now, so so

if

Cobb Cobb commented commented

that that the the

Board Board

would would

strongly strongly

advise advise

all all people

that that

they they

would would speak speak

now, now,

during during

the the

public public

hearing. hearing.

Member

anyone anyone

has has had had

problems problems

with with

their their

wells, wells,

the the

Board Board

would would expect

later later

on on in in

the the meeting. meeting.

Chairman Chairman

Rosenfeld Rosenfeld

commented commented

that that

if

water water

drainage drainage

and and

wells wells and and

asked asked

if if

they they

would would

be be

able able to to

speak

Mr. Mr.

George George

Mitosin Mitosin

noted noted that that

they they

have have problems problems with with the

that that

any any

such such

problem problem

would would

be be

essentially essentially

a a

private private

grievance.

Spector Spector

and and

he he will will

address address

the the problem. problem.

Attorney Attorney Donnelly Donnelly added

TUESDAY, TUESDAY,

OCTOBER OCTOBER 8, 8, 1996 1996 -REGULAR -REGULAR MEETING TUESDAY, OCTOBER 8, 1995 -REGULAR ~tfEFTING

Chairman Rosenfeld read the notice of tre public hearirg, which had been duly published; and peened the public hearing. Mr. Davis briefly described the anplicatica and questioned wheth- er it is a two lot subdivision. He continued that the applicant seeks approvzl conditioned upon survey co*npletion. Planner Dotson explained what this was, and that this was allowable.

Me*nber Coher asked whether the upper parcel had any access. Jim DeWinter demonstrated the right-of-way access. Chairmar, Rosenfeld insisted that she parcel would have to have a legal access. Member Cohen questioned ho*.a would someone get in if he wanted to develop this land in the future. Mr. Davis said they w~~1~7 h~~Q the same a~r_ess in the f~,ature ~s they gave right row, Mr. Davis further suggested that a t,~tle search on the adjoining property would demonstrate access to this a single building lot. Planer Dotson re-emphasized 1-ier point of September 4, 1996, thzt this is not to be a lot. Mr. DeWinter stated that the applicant will comply with Planner Dotson's comments. Attorney Lipman commented that the application requires a survey, and that he had not heard of receiving conditional subject to submitting a sur- vey. Mr. Davis stated that the Local Law does not require the same, and thzt is what this is intended to be. Member Cohen asked if the map submitted is adequate for public hearing. Attorney Lipman responded that any map would be adequate.

Fleming Hegner, an abutter, asked to be shown the access to the other parcel. Member Finnerty asked for a more adequate demonstration of exactly what was to happen [a color coded tax map was submitted]. Member Finnerty commented that he thought the map sub~itted was misleading. The Chairman asked if the tax map composite was accurate, and hie^ber Finnerty commented that the new line on the Mid Hudson parcel was not included. Both Chairman Rosenfeld and Member Cohen inauire3 what the implica- tio^.s were for the Town of Chester because receiving parcel has its access in Chester. Member Finnerty asked if the donor parcel has access elsewhere; the applicant responded no.

The Chairman asked for a motion to adjourn the public hear- ing to our next regular meeting. The Motion to adjourn the public hearing to our November meeting was made by Member Finner- ty, seconded by Member Cobb, and passed unani,^„ously.

REGULAR MEfiTING

HIGFNIEW II

The first application called in the Regular Meeting was that of Highview IZ. Appearing with the applicant, Joe DePaulis, were Engineer Michael Sandor. Alternate consultants Michael Donnelly and Gerry MacDonald appeared for the Board. TL'ESD.~~', OCTOBER 8, 1996 - REGL~AIt r~ET~VG

Ms. Doris Dursin said she is cenc~r.^.e3 about them continuing Laura Rcad for access. Mr. Sarder stated that the property is too steep to continue Laura Road, they do not plan on doing that. Chairman Rosenfeld asked Mr. Sandor if he could commit that there are no plans to use Laura Road for access. Mr. Sandor said there are no plans to use Laura Road for acces=.

Another man asked khat the applicant's plans were for the 131 acres. Mr. Sandor replied that there are no plans £or th= 131 acres. Member Finnerty noted that 131 acre lot has access directly onto Lakes Road, so if it ever were to be developed, access would be through Lakes Road. Chairman Rosenfeld noted that this Board hzs discussed this very question at length. He assured the public that any future develop^,ent of the 131 acres would have access on County Routs 5/Lakes Road.

Chairman Rosenfeld then asked Engin=er MacDonald to review his comments.

Engineer MacDonald said his first comment has to do with SEQRA. Under SEQRA review, he wanted to know if DEC has made a determination as to whether a Stormwater Management permit will be required. DEC makes this determination based on the 5 acre disturbance threshold. r1r. Sandor read a letter he just received £rom DEC. The letter =aid basica?ly t'.:at *hey have ro jurisdic- tion, except £or the Stormwat2r SPEDES.

Me:~ber Finnerty commented that whatever the SPEDES process is, we should apply it to this applica`ion. Member Cohen asked how they measure the five acres of disturbance. The enginzers explained how it is ca~culated. Me,:,ber Finnerty commer!ted that it is close enough that this Board warts t!:~ 5 acre per*~it.

Engineer MacDonald next comment dealt with the drainage outlet calculations which were supplied utilized a standard that does not comply with a guideline called NYS Guidelines for Urban Erosion and Sedimentation Control. These guidelines were put together by a group of experts in the field. ulhile this is not in our Code Book. under either Site Plan or Subdivision Regula- tions, he uses these guidelines, which .`,e will be formally recom- mending in the near future to be incorporated in our Code, and according to those guidelines, it is way undersized.

His next comment dealt with the proposed siltation fences. His recommendation is that additional siltation fences need to be provided to comply with NYS Guidelines for Urben Erosion and Sedimentation Control. Mr. Sandor said that he agrees with this comment. Member Finnerty asked if the applicant agrees with Engineer MacDonald's comments 2 and 3, and Mr. Sandor said that he did. TL'ESllAY, OCT'Of3ER 8, 1996 - I2ECiiJI,AR MI;E"ITNG

Engineer MacDonald said that the maintenance of these sedi- mentation traps is also very important. Mr. Sandor said that engineer MacDonald is right and there should be another line of silt fences on the easterly side of the road.

Engineer MacDonald said that while the temporary catch basin is large, it should be ten times bigger. Member Cohen asked if this basin would be filled in after construction. Mr. Sandor said that after the project has been seeded and stabilized. Filling in the basin would be the last thing they would work on.

Member Finnerty stated that this Board has agreed that our consultants comments can be forwarded to the applicants prior to the meetings, and he would like to see this done.

Engineer MacDonald continued that sewer trench detail should be provided. He added that Lot 14 should be labelled with the acreage.

Lastly, Engineer MacDonald stated that recent correspondence from Orange County Department of Environmental Facilities and Services indicates that the Harriman Treatment Plant is now at capacity; hence, no new connection permits will be approved or authorized. He feels that this matter should be addressed at this time. Attorney Donnelly said that Mr. Meyer, the Commis- sioner of this Department, has asked us to relay this information to all our applicants. Member Cohen commented that this applic- ant can't. get off Square 1 without sewer. Planner Dotson replied that this is the applicant's problem; this Board has repeatedly warned and advised him of the situation, adding that the applic- ant has chosen to present his plan in this fashion, despite the repeated admonitions of the Board.

Chairman Rosenfeld then asked Planner Dotson to go over her comments.

Planner Dotson responded that she had no written comments. She continued that the Board at this time could move to declare Lead Agency status.

A motion to declare Lead Agency was made by Member Cohen, seconded by Member Cobb, and passed unanimously with all members voting.

Gary Abrignani commented that he had a couple of questions: (1) Was the Town of Chester notified. Planner Dotson responded "yes, on August 20th." Z2) Lot 12 appears to be over the stream. Mr. Sandor replied that they are going to move the stream around to make this a building lot. Chairman Rosenfeld asked Planner Dotson if she believes a Wetlands Permit will be required for the moving of the stream. Planner Dotson replied that she thinks there will be some permit needed for the bottom of the property. TiIESDAY, OCTOBfiR 8, 1996 - RFGUL,AR DIETING

She continued that yes, this would require a permit. Gary Abrignani said that the Conservation Commission would like some exact plans before the public hearing on the wetlands. He was advised that this was the public hearing. Chairman Rosenfeld cemnented that this does not preclude us from asking for someth- ing more from this applicant.

Chairman Rosenfeld inquired what threshold is that wetland. He was told by Mr. Sandor that it cornes under a Nationwide 25; it is a federal wetland. Chairman Rosenfeld said that the wetland should be shown on the map, and the rest of the board concurred. The wetlands must be shown next time. Mr. Sandor said this information will be shown on the final map. Member Cohen said actually it should of been done before the public hearing. Mr. Abrignani said if we are going to have a public hearing, the applicant should have all his cards on the table. Member Cappola asked if they are going to do that for the next meeting, and Mr. Sandor said they would.

Planner Dotson summarized that for the next meeting they should show more siltation Fencing, Lot 14 should be labelled with the acreage, they are going to enlarge the sedimentation trap, and they are going to show the sewer trench detail. Plan- ner Dotson added that the siltation basin should be located outside the wetland.

Attorney Donnelly asked the applicant to waive time limits. Mr. Sandor replied that yes, they would waive the time limits.

Mr. Sandor asked if the board had any other matters of concern, and, if not, he would ask the Board for preliminary approval tonight. Member Cohen commented that the board would like to see the map revisions first. This segment concluded at 9:25 P.M.

LABS MANOR, SECTION III

The next matter called was Lake Manor, Section III. Appear- ing with the applicant, Tomer Slutsky, were project attorney, Ben Gailey, and project engineer, Mike Sandor. Consultants appearing on behalf of the board were Attorney Donnelly and Engineer MacDo- nald.

Mr. Gailey stated that they are here again tonight seeking pre- liminary approval. That ha3 a public hearing last month. They are seeking a wetlands permit and preliminary approval on the sub3ivision subject to payment of all costs and fees and County Health Department approval. The have submitted a tree plan.

Chairman Rosenfeld commented that he would like to talk about the tree plan. Member Finnerty commented that we should keep in mind that much of the work has been done already. Chairman Rosenfeld TI_?ESDAY, OCTOBER 8, 1996 - REGtJL.AR ivIEFTII~TG asked what had been done with the trees. Planner Dotson said there was a meeti.^.g at the site with the Forester, which she attended. They went tree by tree. Most of the trees were recom- mended to be left. The other question was the back up planting. The forester said basically no. What is there already will adapt. He referred to it as natural regeneration.

Chairman Rosenfeld ask=d Planner Dotson what her recommenda- tions fer going forward are. Planner Dotson said now she should put together a draft of a Local Wetlands Permit. She was not comfortable with some of the erosion control measures, but she called Gerry. She realized if she Uras to put together a resolu- tion, it would have to reference all those other agencies, and she knows this Board is not generally comfortable to that, and she is ret comfortable doing that.

Member Finnerty asked if we could discuss the detention pond. Gerry MacDonald sai3 that he and Mike Sandor went out and he explained what we want construction wise. The appearance of the pond must be continued, including around the back where the dam has to be built. Member Finnerty commented that we are looking for the extra level of protection around the pond. Mr. Sandor said that an extra layer of stone is not needed. All he showed is on the berm end. He added some stone there. Engineer MacDonald commented that his impression of the meeting last month was that there was a well defined stone line around the pond. This did not exist at the back of the pond where it overflows. With these ponds what you want is a plateau around the tep to act as a filter to any pollutants which may come in.

Member Finnerty commented that he thought at last month's meeting we had an agreement that there would be another layer of rock. Gerry MacDonald com^ented that all they have to do is raise the level on the discharge e-rd. h?ember Finnerty commented that he is locked in on a further level of protection for the additional water he knows is going to come in there. Engineer MacDonald commented that it is the back erd that has to be ele- vated to match the other 92~. The front end and sides are high enough. Its the back end which has to be elevated. He continued that we regard to the water coming in, the standards call for a 4 bay area, which he explained to the board in detail. He con- tinued that Mr. Sandcr has recently submitted a sketch on what he wants to do, but he still has to get back to him on it.

Chairman Rosenfeld commented that he wants to know all the uses of this pond. Is it going to be a place for people to go to. Mr. Slutsky said it is going to be a detention pond only.

Attorney Donnelly asked the applicant to waive the time limits and Project Attorney Gailey said okay, they would waive until next month's meeting. 'I~IIESDAY, C?CTOBEK 8, 1996 - REGZJI,AR ?viEF.TNG

chairman Rosenfeld said that some of the questions/co~r.ments he has are: (1} He would like to see the detail and notes more cleanly described. (2) He ti*euld like to see more about the area to be dammed in the back. (3) He has questions about the HOA agree- ment. He said that he re-read the previous minutes and its all in there, and he would like to know if all those changes were made. Does the HOA agreement coverche maintenance details of the detention basin? Planner Dotson noted that the question is will the four bay by on Town property. Mr. Sandor said that the Board should want to make sure there a:e adequate notes en the plan. (4) Another question the Chairman had was would all the phases be subject to the same HOA.

Gary Abrignani asked about the area to be raised around the pond where the outflow is. Gerry t4acDonald summarised Gary's question by saying, what he thinks Gary is asking is: "is these now another level of DEC review?" Mr. Sandor said that a DEC permit for a dam is not required because it has to hold more than a million gallons and has to be higher than six feet. There is one other criteria, but he can't remember right now. Attorney Donnelly said that it was a very good question, and said that they should look into it and get us a definite answer.

- Member Cappola asked what about the lake. He never got a good answer to his questions about it. Mr. Gailey said that at the last meeting it was discussed that most of the drainage was from the surrounding properties, and that certainly there would be some increase in the siltation during construction, but no~~r the construction in that area has been done. Mr. Sandor stated that two weeks ago Tomes seeded and mulched that area. Gerry MacDo^ald noted that soil and sedimentation control requires ce.^.star:t vigila^ce. The ques*ion is: "is the applicant install- ing all the devices requested to mitigate the damages to Round Lake, aad, next, is he being vigilant in maintaining the s~dimen- tation measures." The first question you can answer "yes, he seems to be responsible. He seems to be patrolling the area and doing what needs to be done from a maintenance point of view.

Chairman Rosenfeld asked the applicant "if you go out to the site tomorrow and everything has been washed out, would you go back out and fix it right away, or say we have done everything we had to do." This is what the Board would like to know.

This segment concluded at 10:00 P.M.

Dir. Gailey asked if he could get an extension of the appro- vals on Carriage Hill Estates, saying h~ didn't know if the project needed an extension, but he Baas asking for one anyway. ?-Se was told to get on the agenda for next month. TL'TSD:~I", OCTOBEP~ 8, 1996 - P.ECL."L:~R ~1EETT.~C

MID HUDSON II HOLDING CO.

tr~..'a •••~'c~ n24:r ;'1c1 ~Y=Y" Cd11.~C1 x.,735 t:.h 3t ••c xUr~icpIl IZ NO1.~'_RCJ ~O. ?rr~l ~,rD ~=1`l t_J fnY L}12 ~pg'.'1C ant ~g2rP FrC,~, =!'t 2.`~OT?l~~'. B2TI1 E. Davis, and Jim D~??inter cf La^.c aid '"u~iy.

??r. D eis said the Board shcnld just yell him what they want end h~ *,,,oui3 do t.

C`~air:ran Rosenfeld said we need to know if the plan present- ed is adequate. Mr. Davis said he has spoken with Attorney Lipman, an3 hz says nc. They need a s=~rvey. It also needs a nota that she iot is net a building lot. He needs better definition of access. t-?r. Davis also asked if he ca^ put USGA topography on tk?e first 11 acres and not tha rest. He added that the hearing was veld open until they get the actual a~~rvEy and the other items listed above.

SAI~ITIAGO SUBDSVISION

The Chairman celled the Santiago matter and ro one responded to t':2 call.

CROMi7ELL MfiADOWS F/R/A ROt7ND LARfi MANOR

The next matter called was that eP C_emwell Meadows. Ap- pearing for the applicant were project engineer, Pat Brady, and project attorney, George Valentine. Appearing for the board were Piarner Dotson, Attorney Lipman and Ec:gi;:eer Rothenberg.

._. Beady explained that sine the last meeting, they have re~~ised the lot layout. Hs repress^.ted that the plans in their Op1Tli 0?7 :?Oii ^1?0~' t}''.~ ZO^1_T'_Q fCT d CO?1V ~i?`1.^i:dl layout. He COP — tinue3 that they 3tterded the To*an Bea=d meeting to get approval fcr a clu=ter, and t'~e ToUm Board advised "~a~ they r.22~=d a ~'afi~ite lot count before they would give thz approval to 3eseiop a clua`er. Plane: Dotao~ ~o^seated that she wrote a le`_ter. She asked if they had subm~`tea a copy o£ tha deed to flan Lipman to ver_fy r?~at they have access. Mr. 3rady said thzy gavz a copy of the deed language, as ~ae11 as a copy o` the subdivision map it references.

Chairman Rosenfeld asked what is our determination on clus- tering *~rithcut the Torn Board approval? A~torney Lipman said he t':iinks the applicant gets to know if '~~ has a lot count that non makes ser_se. Member Finnerty said that the Town Beard was rot ~~~,f~~tabl~ :^.along a decision without kr.os,i.^.g th=t there was a fir~te n~~~b=r of lots. Attorney Lipman said they certainly have the z+wthority to ask for the number cf lots, so we are back to the sa,:,~ question, what is the nu*~ber of lots he is entitled to. Chair~.aa F.osenfeld asked Planner Dotson if the bulk requirE_.~ents were okay. Planner Dotson responded that they have shorten the TL'E5D~17", OCTOBEP~ 8, 1996 - REGLZ::F? \IEET~vG

cul-de-sac. the rh~nks all the lots appear to meet t?~a zoning re ;uirenents. She checked very carefully. She believes this revised s~b:~issicn can support the revised tin ~ets. Based on i; t~Y C3'~SCL`SSiO:!S A'i Y_`. .n.~^~ ~t:i5 F~.3^ St.i y^rte'- `S Y!-;_ _`1:3 L:Yc. I~ 1S t r:~ i0`_ 4i7-, ~i r~i, a"•~~. 1 ~ h-;7 ~'. d G~T'1 V2*rldj s)h iC:l juC2"~5~. ~r E` Si C~,`E ~"- ji.lY TMcII~~ ~"lli, lt5 3II 2:i_S+'lIICJ G1Y1V£h'3y- fi;l?~, ~O CYEdt.2 dri increased use of it, shy would have a prob~em. She believes they could crew"a a confor ping ena, but sl-~e is _.^t gong to s~~=ea* it ^ewa.

McMber ^arpola said that he has a question about drainage. Mr. Brady said that at the 'ast meeting, he was going to set up a ~±eeting to g~ our with Ron Rothenberg end ?.oy Montanye, but he

needs to kno*.a *chat dir~cti~n they are going to ga, so he kno*.-*s what do to with the drainage. What direction t~Py rake will aff~rt he w Y.e =,_ns the c1T-airase,

;;ttorne~ Lipman stated that he doesn't wan` ro go `o the cluster until h= is sati=fled as to the nu:.ber cf lets this applicant s entitled to.

Mr. Bradq and tQember Ca~pola had a discussion on t?~e drain- age.

Engineer Rothe.^.berg commented that ~f the ques*ion is could the property support the ten lots, the answer is yes. Could it be doge better by a duster, he thinks so.

Planner Dotson suggested that we make a resolutio. and send hir^ back to the ToG~n B~~rd.

Chairman ?osenfeld said *hat the biggest issue that bothers him, is the central septic sycrem. Engineer Ror?~2^~^Gry ccmm~.^.t~3 that the biggest issue is: 'rlhat is tha guararte~ that i` is going to rua. :Kember Fi.-.nerty said that or. Shea we warte3 a tank on each lot. tdr. Brady said that sine the fast meeting, he has s~ck~^ ~o the DEC and they Yr~fer one t~nl~. E^gireer Rothenberg said that ao matter which kag we go, the resu?ts are similiar ~r tihe sa~n2. Chairman Rosenfeld commented that this has to be sz~ up w~`h an HOA, so why don't you make a mar.3atory tank cleaning every three years. There £olloraed a discu=sior. of sortie on one tank versus a tank ~n every lot, end goner -=.1 discussion on how central septic work. Mr. Brady said if th_re was just one tank aad the systam £ailed, tihey could just coa;=eat into the sewer and eliminate the tank. Member Cope:^. asked i£ they wo~~ld hava an HO?~ 9 or a tr~ns~ortat on corporation. Ns. Brady sa l that is someth- irg he ~*ants to find out about.

Chairman ~.osenfeld inquired about the topography of the central septic iot in the event of failure, asking which way it would run. Mr. Brady said that it could ,o o.^.to the adjoiners in

~d TL`ESP:~Y, ~CTOBE?'~ $, 196 - P~ECL'I,.~R 1~ET^'G

t?lc EV.~..} Cf Fc'. ~_'__1'E`; '`:O?a ^_V ~T t~';.~y .. CL', ~~ h'~: ].~~,~ _. SW ~~ 2?'_'i f?1`V !'pi1~~ p111- In ~p ~1 ~. 2":i:, ii~SO th cra ~.7pt11 r1 h3Vc to tiJ2 3:7 Op2~3t Oi i0Y t. ~72 S~ S~~'.il ~4 ~10llYS Fl G~cl}r, r='YY' iiiJY1CP.c ;?' "`~k.?ri :~iY; Y .s~r"i. .'.? ~Y~2 ~~; ~OYC~~..:':3 ~.c C~~S~ L^.. ~~Z' }':O".!c0*r?R:?Y' }J E' t.2T jC 3i. :i i.t0_'P.~y Liy~d:: ~.ck ~~~ if ~],` t,:r.^;c r~.:J.^_C~?,V?J=E'7 t. old ~. It CO'1i ^..' ?:{C2~C1 v~ r ~1:~~ j.~E'i: ,YC ~i . er,~ ~r a:ay Sd1C~ tU:d~ it .~~.. ?': ,=.~' 't P, Jvil b-=?]_~~,. r•.?~ t~iCSt= ...:~::i C'iS c`.

A~torrey Lipman asked if the access road to the cantral septic lot taould be a Sri=~ar_e road, and if the rain road would be a town road. Mr. Bra3y said the :rain rozd wculd be a town rcacl.

Ll -i?:.rm a:l ,'~C S?•:f 2iu Shc~ ~'1 v' `.~'dI1~S }O k::CW rc'rcnn a~.~. ].y 47r <~~2 this type of sys*em is bpi^.g used and h~ would i~~e +?:e applicant to send so^2 tY e of _~~por` ro the b^ard. t72 r.,:-n` `o s='e that this wo~~zs.

Accorn=y -.-~p:^:an ce ~mented that i~ ~e d-eve' o;-s a plan ,.,h; cr fhp TJF(' ~g`j~~OV~S~ 4~0 ~011 11dV~ 3 Yi ~}1': *'.O SaV +had c3 .^.':~Tl C?17 OY Cc i.^Ot ~~VE'~Op ?115 pYO~eY `..~ r,~rh E: P. 31~ Ot}'_c T' 3~2Pa c'~LL~S rc'~VP_ 3_Dt^. 2"OV~~ it. Mr. Brady said that he 4ri~1 find a place where thi~~ type of system is beit:g used and get us all the inform :tycn. He w~'1 also see if he car- take the board members to the actual site.

Gary Xbrignani said that he has received information on the peres. Tn light c` that i^formation a^d the volu^,e going through there, do you think it will be a problem with this being so close to ?touad Lake. ~'ngineer Rothenberg respondG3 that if you have several fzet of sell bet*green the surface an3 the shale, you wi'1 get appropriate rrzatr^ent. Se ~^ontimue3 that the_e c~ere hundreds Of ~1 C?^.4'S 1': *t17.S 3Y23 NY'_Ci r0 ti'tn SE'Tv~E'Y~ d.^. G~ ~':2 ~•73S i1Ct c7rvY? Oi G^Y Pr~bl~:~~.

C?:cl ir.^.ldn ppc 2rif.~,~ ;p y,,,l_rorl if the r_'on!~ral sir ti.^, lOt T.d011'3 r~ J2} fE'^CEO. I`1~ $Y?G~~' TE'S~^.O^i~Cl "nr~ ~t .,x ~~.1~ fir.' ~': CY, ~Il dT~3.

~'1~?i;lil2~ ~~Oi:~_^. 3ck^.~~i F?2 P.2 E"1' d YESO~li~lOLi t0 t~i12 TOCuR ~Cd~Cl c ~yny yre c~a ypin~ fCT 1'~ ZO'CS. n'1'?~ C}:?11.^..3'.7 .a c..~C~i fOY SliCi: .. Y"S011lt 1C%P~ F?~liC^ L1eS i. t?c^ _T. ~v'~E' k'j i12M~''ET COP 2R~ S2C0='C~c3 a~,y Member Fi^ erty an3 passed by a vote cf 4 to 1. *?~;^ber Cobb voted against the resolution.

Chairman Rcsenfeld asked Fianner Dotscn about notifying the Town Board that the lo` count would be tee lots. Fl~nner Dotson responded that be*w2e~ her and S~creta_,~ Schneide_ '?.zLLa t,ei.id y_r so;ret?ir. in *„r~*_;^~g to the Town Board.

THE LINKS

Prior to calling the The Links app'ic-=_tion, thz Chairman recalled the Santiago :-:a*ter and the Berry Road matter. 'There cans no response to the c~'_1. The Secretary advised that she knew Mr. Zimmerman's office was aware that both of these matters *.sere

~~ :TL.LSD~1~, ~CT`I~~:~~ ~~ 1 ~J~J ' itiVL~.-~i ~~F:i l_'v ~l

Oil th? dy n:i C~1~ =~`~ '-+~'~} cif-' tl?G~ .^,Ot _ - -_~'v ='Ci 3 y YcQ'. =~} t0 `d}:2 t?-:~:-; off the age:.da, The C -~__:.an thea celled The L _-s, a~.3 _---. D~Puy of D~P~y Engir_aering ar_d~Surveyi~:g answered the .m=1. ~~ i,~.,Y i~Puy-, p~r~_ •~,c, _y ,~e cry~b~ ,. ,.3 F~,.~_ >r.:~ _~t_ as a vrc~^sad__ _ _~ Ripr~:. ? j~ S'a ~`~1V-5_.... ~ f ._~~_~^a 21 ^_.. mt:1S y~"Cy"~t;f 1125 f~onr~g_ o Co,l^`, Po~st2 '9 and ?s sir the =rr~=* -.. "'_ h_a..syoni n R idg~~ r,ro,__.~a~^t Qra~ c F fhc~ pr,~'•T+.CSc~r ZO~>_ ~S 3 ria~''..~ -t'cic'c'a lot. Plannar Dotson an3 ?dr. De~uy had a discussion a` the -ap c this s~~bje~t.

p~~} ~,., i..., ,~ t'?.? ^i'13 Y±~,~n R.pc a?lf ~]_'~ ~,`C'~^.Yad P^~l^_c PY t~;t pla.^.s are lac}:~r.1 an =rea :~,=.p.

Attornzy Lip-an cot^:^e^.rag that with respect- to Le`_ 5, T.aybe ~7~ WC'~~G~ ~l~?~ ~J ': ~~':c 3 '~2C~wYc~10?1 ~~~~' It S^:l~i __".!dl.^. fCYE V21` C,*-Y2~n, T'i.'". - tea, 2_~L4 ~1 S`_dt?CI tt'c~ _. _. ~n'O lii3 ~t E'3Ji t0 ~'l15 C~..:. c?l i`, c~011~ this.

?13nn ~r ri ~~^.t50?7 1 Cjli'_2'2~ if tilE'Yf'_ Sv ci"~ '.T:l ilE Si?c'.f ~S OR ti. property, which should be located a:~d shown on *he pl=.^..

Chairman Rosenfeld comr..ented tha` this is an e:ztr~meiq sketchy information.

Planner ictsor com:^ented that she ?gas a probleri ~:ith tie proposed drive,.*ay b~ -'~ng so close to the ir.ters~c`=_on. She sug- gested that since the zpplicart has to ge to the County ~ait_h the curb cuts, Taybe he could try to put th~:n together. She doesn't t?~irk *his '~,ard •..?o~.:ld rece-rme*:d havi.^.g a curb cur right there (indicated on ...=p to Mr. DePuy` .

n ~i'_31TiC.3R F?v^S ~::i c~.~ CO^..:'i~R ~cCl t?ic t. x:715 F.)~.3P. li1C.~1C3`.2S O if jJ'_"Ob~~.^.?S ••'i t?' Si O"..~5y O.1 t?l~ f~C.^.t Oi a^~S i~ ~~ c.^.:~ ~ bll~~ `~is r,.2T:~,-y s=,rte-=s h~:^, corr_~t_Y, t?:ere is a _lope. t•~. D=psi' 5t 3t EC~~t.17~t t"}'lcy Cdn but the rjr;., ~,.nuiay yY d.~.~E=5 bj cnYi^,2^~i?''ir~ t~?~:`.`; aY Gi1PQ'.

?la;:n~r Dotso*-~ mooted that the appiican` should get the topos on `_?-!e pla::. Also, she thinks there ,mss nayb2 a small w~tia^:a b~ the ?;ansier_ 2idge ~n'rance, which ray need a wetlands per^.i`. The applca^* s'cu'd show tre wetland e^ the ..:ap.

Chair^.aa Roser.feid cor:^en`e3 *-hat C.^.,,n*y Route la has _ _- c~;;t~y be.e^ •aorV_d cn ar_d t`~e pian she>>ld show *!-:e ne•n: al~g-:~en* CF CF'. 19 Sl^i^.? !: t:~ SCctcr ?71Ry Cf *?7 E' CllY~` 1S 'lr. ~,v Cn^~~.n~~Cl.

Ch=irmaa Ros~~feld also inquired as to the I~ngt`+ op t`:~ dri~aeway fcr Lo* 5. "?r. D2?uy stated that it is appro:cim:at~~y 1,100 feet in le gth. Attorney Lipman commented than the applic- a:~t r.~:ay have a 280A proble,li. He may have to prove h~ has access for emergency ve::i^'_es. He continued that the applicaat wculd

i~ TUESDAY, OCTOBER 8, 1996 - REGtiLAR ?v1EETING have to demonstrate a driveway where two vehicles could pass. Chairman Rosenfeld commented that all of the driveways are trou- blesome to him, in one way or another. He continued that he thinks common driveways would be preferable to what is shown.

This segment concluded at 11:20 P.M.

ADMINISTRATIVE BUSINfiSS

BUCK/ARONSON

With the conclusion of the Regular Meeting, the Secretary and Planner Dotson requested that the Board act on the recent request of Mr. Aronson, on behalf of the property owner, Buck, for a resolution approving the relocation of the septic for this lot. Mr. Aronson, prior to the meeting, had spoken with Chairman RCSenFold, Planner Dotson, engineer Rothenberg and Secretary Schneider about this matter. Planner Dotson commented that what is being asked is no big deal. The filed subdivision map, which was filed in 1989, notes that any change in the septic location must have Planning Board approval. Engineer Rothenberg added that there was a note on the filed map that said if he wants to move the system, he has to come back here. He doesn't see any- thing wrong; the peres came back the same, and he has no problem with this request. Planner Dotson added that she also has no problem with this request, it is simple and straight forward.

Member Cobb commented that he is not going to vote on this unless our attorney also says that this is okay. He wants to hear from our attorney on this. Attorney Lipman responded that this is an engineering issue. All the board needs is a resolu- tion authorizing the re-location of the system.

A resolution to authorize the change in the location of the septic system, subject to the approval of the Town Engineer, was made by Member Cobb, seconded by Member Finnerty and passed by a vote of 3 to 2. Members Cohen and Cappola voted against the resolution.

MINUTES APPROVAL

A motion to accept the August Regular Meeting minutes, as published, was made by Member Cobb, seconded by Member Finnerty and passed unanimously by a vote of 4/0. Member Cohen had alrea- dy left the meeting room and did not vote.

Member Finnerty reminded the Board's consultants to mail all comments directly to the applicants when they mail out their comments to the board members. He believes this will enable applicants to be more prepared for the meetings and will save a lot of time.

l3 TUESDAY, OCTOBER &, 1996 - RF',GLJI.AR I~iFETING

There was a discussion amongst the board members relative to the septic at Cromwell Meadows.

The Secretary was asked to check en membership expiration dates since we are nearing the end of the year.

There being no further business, the Chairman adjourned the meeting at 11:45 P.M.

i

San a Schnei~~ Secretary

f `T

September September Dated: Dated: 22, 22, 1996

Chairman

Jeffrey Jeffrey M. M. Rosenfeld

OF OF TOWN TOWN MONROE

BY BY ORDER ORDER OF OF THE THE PLANNING PLANNING BOARD

interested interested All All parties parties are are invited invited to to attend.

Street, Street, Monroe, Monroe, New New York.

John John DeAngelis DeAngelis C. C. Meeting Meeting Room Room of of the the Town Town Hall, Hall, 15 15 Lake

This This Workshop Workshop Meeting Meeting will will commence commence 7:30 7:30 at at P.M., P.M., at at the

for for the the project, project, as as proposed proposed by by applicant. the the

SION SION RIDGE RIDGE COUNTRY COUNTRY CLUB CLUB to to outline outline discuss discuss and and site site the the plan

Special Special a a hold hold Workshop Workshop Meeting Meeting on on the the application application MAN- of of

P.M., P.M., 7:30 7:30 the the Planning Planning Board Board for for the the of of Town Town Monroe Monroe will

PLEASE PLEASE TAKE TAKE NOTICE NOTICE that that on on Tuesday, Tuesday, October October 1996, 1996, at 15, 15,

NOTICE NOTICE OF OF WORKSHOP WORKSHOP MEETING MEETING MANSION MANSION ON ON RIDGE RIDGE COUNTY COUNTY CLUB

TOWN TOWN OF OF MONROE MONROE PLANNING PLANNING BOARD -~ "

RESOLUTION GRANTING SITE PLAN APPROVAL FOR GOLF MEMBBtSHIP CLUB ON APPLlGTION OF GREAT IXPKTATIONS

At a special meeting of the Planning Board of the Town of Monroe, New Yaic, held at the Village of Monroe Village Hall on October 29, 1996, at 7:30 P.M., the following resolution was offered by member Pat Cappola and seconded by member Charles Finnerty:

WHEREAS, Creat Expectations, a New York partnership, (hereafter, 'the applic~t" a "project sponsor"), has made application to the Town of Monroe Planing Board (hereafter, the "Planning Board" or "Board's for a land use with multiple integrally linked components (hereinafter "the use", "the plan", a "the project's which requires the issuance of a special exception use permit and site plan approval for.

t. A proposed t S-hole golf course with clubhouse;

2. Associated practices facilities,

3. Maintenance and other swctures, including pool and tennis court;

4. A restaurant/banquet/bed and breakfast facility;

5. The issuanoed two special exception use permits for a membership club and two multiple dwelling groups;

6. Site plan approval for two multiple dwelling groups totaling 80 townhouse units fa golf villa housing;

7. Major subdivision approval fa 29 single family detached units; and

8. Mina subdivision approval fa a transfer of lands owned by the Pallotine Sisters in order to incorporate the same into the proposed project plan; and

1NFIBtEAS, as an integral part of the project, a sewap~e treatment plant, a potable water supply and distribution system and a separate non-potable golf course irrigation system are proposed; and

VVtIBtEAS, theapplication invol~nes a property which consists of a total of 391 t acres of land fronting on Orange Turnpike (County Route 19) in the Town of Monroe, consisting of tax map lots Section 31, Block 1, lots 4.1, 5, 6, and 7.1 and Section 33, Block 1, Lot 11 and part of 1.2(all of Lot 1.21) hereinafter, `the site"; and

VVF~FAS, the manner in which said applications was considered by the Board is set forth in the text of Planning Board's written SEQR findings statement, adopted by the Board at its meeting of January 17, 1995; and

-1- #~

.~

7 WHEREAS, there has been Lull compliance with the requirements of the New York State Environmental Quality Review Act (SEQR) fa the abo~ernentioned action, inducting the scoping and preparation of a Draft Environmental Impact Statement followed by an extensive public hearing on both the DEIS and the permits under the Planning Boarcl's jurisdiction continued over four separate dates, receipt of voluminous written and oral commentary on the same; and preparation of a Final Environmental Impact Statement (the "fEIS'~ and written Lead Agency SEQR findings statement adopted by the Board on January 17, 1995; and

WHEREAS, the Planning Board conducted numerous workshop meetings and personal investigations of the site on several occasions in order to consider the requested approvals, the site plans which had been submitted fa the same, the su~ciency of said plans to address the needs of the proposed operations, any improts in the same that the Planning Board would request and the effects of the requested uses on one another and upon the character of the neighbarhood, in fuKherarce of these considerations; and

WHEREAS, on January 17, 1995, the Planning Board granted approval fa the three special exception use permits, preliminary major subdivision approval fa the 29 single (amilydetad~ed units and preliminary and final mina subdivision approval as applied fa; and

WHEREAS, in November, 1995, the applicant requested amendment of the special exception use pertnit(s) required by the project in several respects, including changing its potable water supply well location, whereupon the Planning Board examined the areas in which pdential resulting differences in environmental impact might occur (compared to those considered in its adopted SEQR findings statement and land use approvals already adoptc~ and concluded that in all cases there wou{d either be no effective differences in potential environmental impacts under the requested amendments to the special exception use permits that had been granted a that the amended permits would actually reduce the potential environmental impact and therefore determined on May 14, 1996, that there would be no sigiificant harmful impact associated with amending the special exception use permits, stating so in die tea d a SEAR Negati~ne Declaration adopted on May 14, 1996, and on the same date approved the three amended special exception use permits that were requested, as set forth in a resolution of the Board adopted on May t 4, t 996; and

1Nt~tEA1S, underthe Town of Monroe Zoning Code, uses which require special exception use permits also require site plan approval from the Planning Boarcl and the applicant has submitted a site plan for:

t. The 18 hole golf course;

2. Club house;

3. Maintenance facility;

-2- z 4. Sewage Treatment Piant

S. Water diversion structure and impoundment facility; and

6. Welis; and

WHEREAS, the applicant has requested that the Planning Board grant site plan 2pprwal for the foregoing and authority to implement same in two phases, with the first phase as indicated upon Drawing F-1 as Phase 1-A and accompanying text, provide fa ongoing inspection of said work and security fa the restoration of the site in the event that the applicant shall voluntarily a involuntarily abandon the project; and

WHEREAS, pursuant to the provisions of the General Municipal law, on October 25, 1996, the Site Plan for the golf course was reviewed by the Orange County Department of Planning and classified as a maYYer for focal determination;

NOW THERBORE, the Planning Board finds as follows:

t. Based upon the harmonious relationship of this ase with contiguous land usesand zoning classifications, provision of adequate space between structures on the lot, and the provision of safe and adequate access, parking and circulation facilities, the requirements of 57-20-B of the Town of Monroe Code are satisfied by this site plan; and

2 The plans ensures adequate storm water management, to the extent that they have been reviewed and appro~ned by the NYS Department of Environmental Conservation; and

3. The sanitary waste ro be generated at the clubhouse by the users of this facility will be adequately treated by the sewage treatment plant proposed to be constructed upon a portion dthe site located on the south side of Orange Turnpike (known as the'O'Neal Mine Tract"), by the construction of a subsurface disposal system approved by the Orange County Health Department and/or the New York State Department of Environmental Conservation (the "DEC's a by connection to the facilities of Orange County Sewer District Number 1 ;

NOW THERBORE, THE PLANNING BOARD RESOLVES that the site plan of Great Expectations for the 18 hole golf course, club house, sewage treatmer►t plant, maintenance facility, water diversion structure and impoundment facility and wells, all as shown upon a plan entitled 'Mansion Ridge Golf Club', Sheets "Nicklaus 2Xt"-100" and drawings prepared by the RBA Group Numbered: "Crner Sheet, Gb, Cam, C-9, C-10, Gl t, G 12, Gt 3, C-14, C-1 S, C-16, G17, C-18, G19, C-20, C-21 A, C-21B, G21C, G22, G23, C-24, G25, G27, G28, G36, G38, G39, C-40, Cott, G42, G43, G47, Gd8, Cj{9, G50, G51, G 52, C-53, C-55, G56, C-57, G58 and G59", as such sheets havie been marbled with in 'red' outline indicating the areas of inclusion, and marked in "black" indicating areas of exclusion,

-3- be and the same hereby is approved subject to the following conditions:

i. In accrordancEwith the requirements of the special exception permit approval and as provided fa in the FEIS, the Panning Board will require documents demonstrating to the satisfaction of the Planning Board Attorney that the golf course will be operated by a Type "A" Not-for-Profit Corporation; and

2. Payment of all outstanding fees owed to the Tawn of Monroe fa its consultants and any other authorized expenditures with respect to this application; and

3. Posting of inspection escrow fees in the amount of $50,000.00, as established by the Planning Board, to be deposited in five installments of $10,000.00. Each installment after the first shall be made at such time as the Town has expended X8,000.00 of the prior installment, it being the intention of the Planning Board that the Town will at all times have not less than $2,000.00 available for the payment of such trees; and

4. Posting of a site restoration bond, in the amount recommended by the Town Engineer of $400,000.00, in fwm and substance satisfactory ro the Town Engineer and Town Attorney, so as to eliminate the possibility of the site being abandoned in an unsiabilized state and so as to insure that the areas of clearing and grading that will result Irom the possible lack of completion of this site plan, will not render the site unusable fa any use permitted in the RR-t.0 district even if the site was never developed for the special exception uses approved by the Planning Board; and

5. The dissolucion'of the lot lines between Section 31, Block 1, Lots 4.1, 5, 6 and 7.1 and Section 33, Block t, Lots t t and a portion of t .2 (all of lot 1.21) so that the entire golf course membership club is located on a single tax map parcel. ft is not the intention of this approval to abrogate the "Preliminary Major Subdivision Plat Approval" granted to the applicant granted on January 17, 1995, fa residential purposes; and

6. Receipt of all other applicable permits necessary to effectuate phase I-A of the site plan, including but not limited to state, federal, local, and county; and

`~ 7. The execution of the site work reflected upon Phase M site work shall be done in a manner that will minimize the potential material adverse effects of said work on adjoining properties. This will be insured by ongoing review and oversight by the Town Engineer and/or Building Inspector, of site work in each respect that relates to environmental impacts of the site wor{c and consistency with the plan, including but not limited to the siting of staging areas, temporary materials stockpiles and borrow locations, and other details which may not have been specified in the rough plan a text but which are necessary for tfie completion of such work. While the Planning Baarcl recognizes that the Phase I-A site work will create certain tempcxary impacts, in particular, high levels of noise due to equipment use on the site and realizes that some of these impacts are to some extent w~avoidable, these can and will be mitigated to the extent possible by the careful chase of shaging areas and other

-4-

am>a.~9sssohm

cw,wwo~s cw,wwo~s ur ur - - 5

the the Town Town of of of of Monroe Monroe in in voted voted favor favor of of the the adoption adoption of of same:

the the Upon Upon foregoing foregoing resolution, resolution, the the following following members members the the of of Planning Planning Board

by by the the State State of of New New York

Town Town Engineer Engineer and and Attorney Attorney Town Town and and insured insured shall shall be be as as to to title title by by a a Title Title licensed Insurer Insurer

bond bond herein herein prrnided prrnided fa. fa. Such Such easement easement shall shall be be form form and and in in substance substance satisfactory satisfactory to to the

stabilized stabilized vegetated vegetated condition condition in in the the that that event event the the applicant applicant defaults defaults upon upon the the restoration

the the purpose purpose for for taking taking of of such such as as are are steps steps necessary necessary to to restore restore the the site site to to a a permanently

foracoesstoth~ foracoesstoth~ the the site site by by Town, Town, its its agents, agents, contractors, contractors, designees, designees, servanSs servanSs and/or and/or e::~ployees

9. 9. Theapplicant Theapplicant provide provide shall shall the the Town Town Monroe Monroe of of with with a a continuing continuing easement

available available ;

this this approval approval the the event event in in that that either either the the of of alternative alternative facilities facilities listed listed this this in in pa►agraph pa►agraph is

District District Sewer Sewer Number Number The The t. t. construction construction the the sewage sewage of of treatment treatment is is not not plan[ plan[ mandated mandated by

Environmental Environmental "DEC'1 "DEC'1 Conservation Conservation (the (the a a by by connection connection to to the the facilities facilities of of Orange Orange County

the the Orange Orange

County County Health Health Department Department and/or and/or the the New New State State Yo►k' Yo►k' Department Department

of

as as the the Trad'1, Trad'1,

"O'Neal "O'Neal Mine Mine the the by by construction construction of of a a subsurface subsurface system system disposal disposal approved approved by

constructed constructed upon upon a a of of portion portion the the site site located located on on the the side side south south of of Orange Orange

Turnpike Turnpike (known

the the

facility facility can can be be treated treated by by the the sewage sewage treatment treatment plant plant herein herein appro~red appro~red and and proposed proposed to to be

S. S. The The proposed proposed clubhouse clubhouse not not be be wilt wilt constructed constructed sewage sewage until until generated generated at

measures measures

which which the the Town Town Engineer Engineer and/or and/or Building Building Inspector Inspector will will and require; require;

t~`~ t~`~ ~ ~ , 't'LiFSDAY OCTOBER 29 1996 -MANSION RIDGE WORKSHOP

The Planning Board of the Town of Monroe held a Work- shop Meeting on Tuesday, October 29, 1996, at the Village of Monroe Town Hall, located at 7 Stage Road, Monroe, New York. Present on behalf of the Planning Board were Chairman Jef- frey M. Rosenfeld and Members Cappola, Cobb, Cohen and Finnerty. Consultants present on behalf of the Board were Planner Dotson, Engineer Rothenberg and Attorney Lipman. Present on behalf of the applicant were Project Attorney, James Sweeney, Project Engineer, Bob Bratt, Great Expecta- tions partners, Sames English and Frank Giordano, Contrac- tor, Steve Esposito, together with other professionals of the Mansion Ridge team.

At 7:43 P.M., Chairman Rosenfeld called the meeting to order. Chairman Rosenfeld announced that this is a Workshop Meeting on Mansion Ridge which is here for site plan review. Member Cohen stated that he is concerned that this meeting was advertised as a workshop meeting, not a special meeting. Mr. Sweeney stated that it was his understanding that when we adjourned the last meeting, that the board would be prepared to act tonight. Attorney Lipman commented that while he thinks there is a question there, he thinks there are other issues which need to be resolved first. At this time, Attorney Lipman requested permission from the Board to work with Bob Bratt and Planner Dotson to revise the draft resolution that was furnished to everyone. The Board gave its consent to this request, and Attorney Lipman, Mr. Bratt and Planner Dotson began a thorough revision of the draft resolution.

A question was raised as to how Engineer Rothenberg arrived at the cost to restore figure. Engineer Rothenberg stated that he checked with a landscaper, and he thinks $400,000 is a good number for the bond, and that is it fair.

Attorney Lipman commented that on Page 4, Item 3 (es- crow amount) - This figure should be $50,000. Again, En- gineer Rothenberg was asked how he got this figure. En- gineer Rothenberg stated that he thought it was a fair number. The last time we did this, we were trying to figure out a restoration bond. Chairman Rosenfeld commented that if this is what our engineer come up with, that is what we are asking for in escrow. He suggests we go with what our engineer has calculated to be a fair amount for the inspec- tions escrow, a figure which is 4~ of $1,250,000. Mr. Sweeney stated that he does not dispute the amount, but would like the ability to post this amount in stages. The board indicated that this would be okay. The applicant would make five payments of $10,000 each. The next install- ment will be due whenever the balance in the account reaches $2,000. The applicant was reminded that this is an escrow