1 1
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 ELM FARM SUBDIVISION (2000-09) 6 Request for an Extension of Final Approval 7 from April 20, 2017 to April 20, 2018
8 ------X
9 BOARD BUSINESS 10 Date: April 20, 2017 11 Time: 7:00 p.m. Place: Town of Newburgh 12 Town Hall 1496 Route 300 13 Newburgh, NY 12550
14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman 15 FRANK S. GALLI STEPHANIE DELUCA 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD
18 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. 19 PATRICK HINES GERALD CANFIELD 20 KENNETH WERSTED
21
22 ------X MICHELLE L. CONERO 23 10 Westview Drive Wallkill, New York 12589 24 (845)895-3018
25 1 ELM FARM SUBDIVISION 2
2 CHAIRMAN EWASUTYN: Good evening,
3 ladies and gentlemen. I'd like to welcome
4 you to the Town of Newburgh Planning Board
5 meeting of April 20th. This evening we have
6 seven items on the agenda. The last two
7 items are public hearings.
8 At this time I will call the meeting
9 to order with a roll call vote starting with
10 Frank Galli.
11 MR. GALLI: Present.
12 MS. DeLUCA: Present.
13 MR. MENNERICH: Present.
14 CHAIRMAN EWASUTYN: Present.
15 MR. DOMINICK: Present.
16 MR. WARD: Present.
17 MR. DONNELLY: Michael Donnelly,
18 Planning Board Attorney.
19 MS. CONERO: Michelle Conero,
20 Stenographer.
21 MR. CANFIELD: Jerry Canfield, Code
22 Compliance Supervisor.
23 MR. HINES: Pat Hines with McGoey,
24 Hauser & Edsall Consulting Engineers.
25 MR. WERSTED: Ken Wersted, Creighton 1 ELM FARM SUBDIVISION 3
2 Manning Engineering, Traffic Consultant.
3 CHAIRMAN EWASUTYN: Okay. At this
4 point we'll turn the meeting over to Stephanie.
5 (Pledge of Allegiance.)
6 MS. DELUCA: We'd like to ask you to
7 please turn off your cell phones or put them on
8 vibrate. Thank you.
9 CHAIRMAN EWASUTYN: At this point we'll
10 turn the meeting over to Frank Galli to discuss
11 the Board Business that we have.
12 MR. GALLI: Tonight we have two items
13 of Board Business. The first one is, "John P.
14 Ewasutyn, Chairman, Town of Newburgh Planning
15 Board, Newburgh, New York. Elm Farm Subdivision,
16 Planning Board file 2000-09. Wells Road and
17 Fostertown Road, Town of Newburgh, Orange County,
18 New York. Dear Chairman Ewasutyn, final approval
19 for the above-mentioned project is set to expire
20 on April 20, 2017. The applicant is requesting a
21 one-year extension of this final subdivision
22 approval. Please place this matter on the
23 Planning Board's next available agenda for
24 consideration. Please do not hesitate to contact
25 our office if you have any questions. Very truly 1 ELM FARM SUBDIVISION 4
2 yours, KC Engineering and Land Surveying, P.C.,
3 Jason A. Pitingaro, PE, Vice President."
4 CHAIRMAN EWASUTYN: I'll move for a
5 motion -- Michael, the date then would be the
6 20th of April 2018?
7 MR. DONNELLY: Yes.
8 CHAIRMAN EWASUTYN: I'll move for a
9 motion to grant the Elm Farm Subdivision an
10 extension for one year ending on April 20, 2018.
11 MR. WARD: So moved.
12 MR. DOMINICK: Second.
13 CHAIRMAN EWASUTYN: Motion by John
14 Ward. Second by Dave Dominick. I'll ask for a
15 roll call vote starting with Frank Galli.
16 MR. GALLI: Aye.
17 MS. DeLUCA: Aye.
18 MR. MENNERICH: Aye.
19 MR. DOMINICK: Aye.
20 MR. WARD: Aye.
21 CHAIRMAN EWASUTYN: Aye.
22 Motion carried.
23
24 (Time noted: 7:03 p.m.)
25 1 5
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4 C E R T I F I C A T I O N
5
6
7 I, MICHELLE CONERO, a Notary Public
8 for and within the State of New York, do hereby
9 certify:
10 That hereinbefore set forth is a
11 true record of the proceedings.
12 I further certify that I am not
13 related to any of the parties to this proceeding by
14 blood or by marriage and that I am in no way
15 interested in the outcome of this matter.
16 IN WITNESS WHEREOF, I have hereunto
17 set my hand this 11th day of May 2017.
18
19
20 ______MICHELLE CONERO 21
22
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25 1 6
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 TRINITY SQUARE (2006-53) 6 Request for a Six-Month Extension 7 of Preliminary Site Plan Approval from May 17, 2017 to November 17, 2017 8 ------X 9
10 BOARD BUSINESS
11 Date: April 20, 2017 Time: 7:03 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14
15 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 STEPHANIE DELUCA KENNETH MENNERICH 17 DAVID DOMINICK JOHN A. WARD 18
19 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. PATRICK HINES 20 GERALD CANFIELD KENNETH WERSTED 21
22 ------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 (845)895-3018 25 1 TRINITY SQUARE 7
2 MR. GALLI: The second one we have
3 is dated April 7, 2017, "John P. Ewasutyn,
4 Planning Board Chairman, Town of Newburgh
5 Planning Board, 308 Gardnertown Road,
6 Newburgh, New York. Anthony Cocchi, Junior,
7 Trinity Square Site Plan, South Plank Road,
8 (NYS Route 52), Section 60, Block 2, Lot 4.1,
9 application number 2006-53. Dear Mr.
10 Ewasutyn, at the November 17, 2016 Planning
11 Board meeting the preliminary site plan
12 approval for the Trinity Square project,
13 2006-53, was given an extension that expires
14 May 17, 2017. Mr. Cocchi is requesting
15 another six-month extension of this approval.
16 If you have any questions or comments, please
17 feel free to contact our office. Thank you
18 for your time and consideration.
19 Respectfully, Darren C. Doce."
20 CHAIRMAN EWASUTYN: I'll move for a
21 motion to grant a six-month extension through the
22 date of, that would be November 17, 2017.
23 MR. GALLI: So moved.
24 MR. MENNERICH: Second.
25 CHAIRMAN EWASUTYN: Motion by Frank 1 TRINITY SQUARE 8
2 Galli. Second by Ken Mennerich. I'll have a
3 roll call vote starting with Frank Galli.
4 MR. GALLI: Aye.
5 MS. DeLUCA: Aye.
6 MR. MENNERICH: Aye.
7 MR. DOMINICK: Aye.
8 MR. WARD: Aye.
9 CHAIRMAN EWASUTYN: Aye.
10
11 (Time noted: 7:05 p.m.)
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25 1 TRINITY SQUARE 9
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4 C E R T I F I C A T I O N
5
6
7 I, MICHELLE CONERO, a Notary Public
8 for and within the State of New York, do hereby
9 certify:
10 That hereinbefore set forth is a
11 true record of the proceedings.
12 I further certify that I am not
13 related to any of the parties to this proceeding by
14 blood or by marriage and that I am in no way
15 interested in the outcome of this matter.
16 IN WITNESS WHEREOF, I have hereunto
17 set my hand this 11th day of May 2017.
18
19
20 ______MICHELLE CONERO 21
22
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25 1 10
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 McDONALD'S (2017-14) 6 1403 New York State 300 7 Section 60; Block 3; Lot 41.21 IB Zone 8 ------X 9 INITIAL APPEARANCE 10 AMENDED SITE PLAN
11 Date: April 20, 2017 Time: 7:05 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14
15 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 STEPHANIE DELUCA KENNETH MENNERICH 17 DAVID DOMINICK JOHN A. WARD 18
19 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. PATRICK HINES 20 GERALD CANFIELD KENNETH WERSTED 21
22 APPLICANT'S REPRESENTATIVE: ALAN ROSCOE
23 ------X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 25 (845)895-3018 1 McDONALD'S 11
2 CHAIRMAN EWASUTYN: The first item we
3 have this evening is McDonald's. It's located on
4 Route 300 and it's in an IB Zone. It's being
5 represented by Alan Roscoe. It's here for an ARB
6 approval.
7 MR. ROSCOE: Good evening, folks. I
8 don't know if it would help to put this up.
9 CHAIRMAN EWASUTYN: Please.
10 MR. ROSCOE: Should we face it out to
11 the audience?
12 Good evening. Alan Roscoe from Core
13 States Group. Our local office is in Boston,
14 Mass.
15 We're here tonight to discuss the site,
16 which is ironically right down the street at the
17 entrance to the Newburgh Mall. We're here on the
18 first phase of our permitting seeking building
19 approval. The next phase will be our site plan
20 improvements. We're here tonight to introduce
21 the new program in the northeast region. It's
22 called MRP. It's a major remodel. It's really a
23 modernization of the appearance of the buildings
24 here in the northeast, using a very neutral color
25 palette and giving the building a very fresh 1 McDONALD'S 12
2 appearance.
3 I have a copy of our survey site plan
4 which shows the location. North is pointing to
5 the right. As you go north on Route 300 down
6 here, this is the McDonald's building and the
7 Newburgh Mall out behind.
8 We have elevation drawings as well.
9 It's a new appearance. The prominent
10 feature, I think you might notice, is that the
11 peaked roof on the tower is going to be
12 truncated. So it will be a flat roof and it will
13 make the building a lot more modern looking and
14 in keeping with some of the other competitor
15 franchises, providing a similar modern look. I'm
16 not an architect so I won't begin to try to
17 explain the nuances. At this particular location
18 there will be some improvements to the vestibule,
19 there will be trellises and canopies provided
20 over the drive-up windows. Basically, again,
21 another kind of color palette for the appearance
22 of the facility.
23 In terms of the site improvements which
24 will be coming later, this is also woven in.
25 It's going to be side by side, so a dual drive- 1 McDONALD'S 13
2 through configuration. It will allow the drive-
3 through operation to be a little bit more
4 efficient. An offshoot of that is we're reducing
5 impervious surfaces, so there's a commensurate
6 improvement in the stormwater generation and a
7 lot more green space provided when we have the
8 finished product.
9 I have floor plans here, which I like
10 these changes. This is the floor plan here. The
11 Route 300 side is facing up. This is the
12 vestibule improvements. The improvements around
13 the drive-up windows and the pay stations are
14 shown on these drawings which the Board has. I
15 understand there are some comments, which I'm
16 sure we can address, in terms of comparison
17 tables for existing and proposed signage, details
18 on the landscaping. Other items will come
19 forward with the site plan submittal.
20 In terms of the building submittal,
21 we're seeking input and we'd like to move things
22 forward.
23 CHAIRMAN EWASUTYN: Alan, do you happen
24 to have any color renderings of what you're
25 proposing? 1 McDONALD'S 14
2 MR. ROSCOE: Yes, I do.
3 CHAIRMAN EWASUTYN: Would you mind,
4 please.
5 MR. ROSCOE: This is a prototypical
6 program rendering. It may not be the exact
7 representation of this particular site. That
8 shows you the color palette and how the
9 modernization of this program is intended. Very
10 neutral colors, very aesthetically pleasing.
11 MR. GALLI: I just have a question. I
12 see this one is nice and landscaped. The one up
13 there has no landscaping. Is there landscaping
14 proposed for the new one?
15 MR. ROSCOE: Yes. That will come
16 forward with our site plan submittal.
17 MR. GALLI: Okay.
18 MR. DOMINICK: Is this what it's going
19 to look like or is this just a suggestion?
20 MR. ROSCOE: That's a prototype
21 rendering. Again, it's not this particular site,
22 but again, it gives you a sense of the materials
23 and the color palettes that we'll be using. Very
24 neutral, very modern looking and a refresh of the
25 brand. 1 McDONALD'S 15
2 CHAIRMAN EWASUTYN: You'll be closing
3 down during the course of this --
4 MR. ROSCOE: Well the intent is to try
5 to stay open as much as possible. The kind of
6 phase, the improvements, some of the interior
7 work, you know, may cause some shutdowns. From a
8 site plan perspective, the area that will be
9 worked on is really right around and in the
10 drive-through portion. We'll be constructing two
11 lanes, so one lane can be built while the other
12 is in operation. They'll try to do some of the
13 work at night if they can, if they're allowed,
14 you know, internally so they don't have to
15 shutdown operations. But there may be depending
16 upon the store.
17 CHAIRMAN EWASUTYN: Comments from Board
18 Members?
19 MR. GALLI: No additional.
20 MS. DeLUCA: No.
21 MR. MENNERICH: I think it's much
22 improved architecturally compared to what's there
23 now.
24 MR. DOMINICK: You talked about
25 landscape improvements. Can you touch on that a 1 McDONALD'S 16
2 little more?
3 MR. ROSCOE: I don't have an example of
4 the standard side-by-side configuration. It's
5 basically an expansion of the drive-through area.
6 It makes one lane divided in two and then they
7 come back to merge with the pay station. So that
8 little island in the middle, right now it's paved
9 or concrete, becomes a landscaped island.
10 Depending upon the site and the configuration of
11 the drive-through, there's opportunities there
12 for more. We'll come forward with our site plan
13 and we will show if we're going to be adding
14 landscaping and a lot more green space.
15 CHAIRMAN EWASUTYN: There's some
16 existing flowering Cherries and flowering Crab
17 Apples on the north side of the building facing
18 east that's really exhausted. The flowering Crab
19 Apples along the west side of the building is
20 somewhat exhausted. The Mugo Pines on the
21 entryway drive to leave are somewhat exhausted.
22 I think overall, based upon when this site plan
23 was originally completed and the longevity of
24 plants in general, I think you might want to look
25 at a total rejuvenation of the plantings out 1 McDONALD'S 17
2 there.
3 MR. ROSCOE: Absolutely. Absolutely.
4 MR. WARD: If you're going to be trying
5 to keep business going, I'd like to know next
6 time you come the exterior work being done. It's
7 a very busy place all the time. Under
8 construction with the traffic that goes in and
9 out, just try to find out on the proposed plan
10 what you're doing.
11 MR. ROSCOE: Certainly.
12 MR. WARD: Thank you.
13 CHAIRMAN EWASUTYN: At this point we'll
14 turn the meeting over to Jerry Canfield, Code
15 Compliance.
16 MR. CANFIELD: Just for clarification,
17 what we're seeking tonight is we're just viewing
18 the ARB?
19 CHAIRMAN EWASUTYN: Correct.
20 MR. CANFIELD: And then at a later
21 point the site plan issues will be brought back
22 before the Board?
23 CHAIRMAN EWASUTYN: Alan?
24 MR. ROSCOE: Yes.
25 MR. CANFIELD: Should you seek ARB 1 McDONALD'S 18
2 approval tonight then, would you then be seeking
3 a building permit for the renovations and then
4 coming back for the site work?
5 MR. ROSCOE: That would be the game
6 plan. If we could do internal work inside the
7 building, do some of the interior modifications
8 while we're going through the review process for
9 site plan, that way it helps phase the work, too.
10 As you're aware, site plan approval is months
11 away. So if interior work can get done, those
12 crews can move off the site and we can focus on
13 the exterior.
14 MR. HINES: I think you'll be able to
15 do the facade work as well under the building
16 permit.
17 MR. ROSCOE: If that's allowed, then
18 yes.
19 MR. CANFIELD: There's no increase to
20 the building footprint. If the Board chooses
21 that the ARB approval would be appropriate, then
22 yes, we could proceed with the building permit.
23 Okay.
24 CHAIRMAN EWASUTYN: Pat Hines?
25 MR. HINES: The only other issue with 1 McDONALD'S 19
2 the ARB is the changing of the signs and the need
3 to work with the building department to make sure
4 that it doesn't exceed the amount of signage on
5 the entire site. It's not just your leased pad,
6 it's the entire Newburgh Mall site --
7 MR. ROSCOE: Right.
8 MR. HINES: -- regarding the signage.
9 Hopefully when the Newburgh Mall had it's upgrade
10 many years ago someone had a sign chart for us so
11 we don't have to go through that whole exercise.
12 This is similar to what the Board saw
13 for many of the chain restaurants along 300. I
14 think every one, they're going right down the
15 line doing their corporate upgrades.
16 MR. ROSCOE: The signage package, it
17 should echo what is there now. Obviously we know
18 the constraints. They're trying to, again,
19 refresh the brand and make it not minimal but
20 just provide the signage that's adequate for the
21 customer experience and for safety. So there
22 will be the reserved signs for people who need to
23 park to have the food brought out to them,
24 there's a clearance bar that's new that will
25 replace the one that's there, and there's an 1 McDONALD'S 20
2 order station that will have some small signage
3 on it.
4 MR. HINES: The traffic control signs
5 aren't an issue. It's the branding --
6 MR. ROSCOE: It's part of the whole
7 package. We'll try to echo what's there now.
8 CHAIRMAN EWASUTYN: Okay. Michael?
9 MR. DONNELLY: It is an action subject
10 to SEQRA, so you'll have to issue an appropriate
11 declaration. I don't think there are any
12 environmental issues.
13 MR. HINES: No change to the footprint,
14 no exterior earthwork or anything.
15 MR. DONNELLY: A negative declaration
16 would be fine. Your standard ARB resolution will
17 simply state that whatever work is done has to be
18 consistent with the plans.
19 I don't know if the full application
20 packet with the specification of materials has
21 been submitted. If not, we'll make it a
22 condition that it's done either by a sample of
23 the materials or by manufacturer's designation
24 exactly what it is you're using. Lastly, we'll
25 include a condition that says the signs are 1 McDONALD'S 21
2 subject to the approval by the Code Compliance
3 Department.
4 CHAIRMAN EWASUTYN: Your drawings
5 itself are rather detailed as far as the color
6 and materials. We have a basic form that's part
7 of the application. That should be completed
8 also.
9 MR. ROSCOE: All right.
10 CHAIRMAN EWASUTYN: Any additional
11 questions or comments?
12 MR. DOMINICK: What's the timeframe
13 once permits and approvals are met? What's your
14 timeframe for this project?
15 MR. ROSCOE: It would be as immediate
16 as we can.
17 MR. DOMINICK: From start to finish?
18 Two months, three months?
19 MR. ROSCOE: I don't think it would be
20 that long. Once we get permits in place -- all
21 the materials are ordered, and as soon as they
22 come, you know, McDonald's will be after it to
23 get the thing done. It won't be overnight but,
24 you know, it will be faster than you think.
25 MR. DOMINICK: Okay. 1 McDONALD'S 22
2 MR. CANFIELD: Are the materials on
3 site?
4 MR. ROSCOE: What time is it?
5 MR. DONNELLY: They're in the tower.
6 MR. ROSCOE: No. They haven't pulled
7 the trigger yet but they are on order. Once
8 permits start to get in hand, the materials are
9 produced and the signage packages and all the
10 building facades.
11 CHAIRMAN EWASUTYN: Any additional
12 questions?
13 (No response.)
14 CHAIRMAN EWASUTYN: Then I'll move for
15 a motion to declare a negative declaration and to
16 grant ARB approval for the McDonald's located on
17 Route 300 subject to the conditions that will be
18 written by our Attorney, Mike Donnelly.
19 MR. DOMINICK: So moved.
20 CHAIRMAN EWASUTYN: A motion by Dave
21 Dominick.
22 MR. WARD: Second.
23 CHAIRMAN EWASUTYN: A second by John
24 Ward. I'll ask for a roll call vote starting
25 with Frank Galli. 1 McDONALD'S 23
2 MR. GALLI: Aye.
3 MS. DeLUCA: Aye.
4 MR. MENNERICH: Aye.
5 MR. DOMINICK: Aye.
6 MR. WARD: Aye.
7 CHAIRMAN EWASUTYN: Aye. Motion
8 carried.
9 Alan, thank you.
10 MR. ROSCOE: Thank you very much,
11 folks. See you soon.
12
13 (Time noted: 7:18 p.m.)
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4 C E R T I F I C A T I O N
5
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7 I, MICHELLE CONERO, a Notary Public
8 for and within the State of New York, do hereby
9 certify:
10 That hereinbefore set forth is a
11 true record of the proceedings.
12 I further certify that I am not
13 related to any of the parties to this proceeding by
14 blood or by marriage and that I am in no way
15 interested in the outcome of this matter.
16 IN WITNESS WHEREOF, I have hereunto
17 set my hand this 11th day of May 2017.
18
19
20 ______MICHELLE CONERO 21
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25 1 25
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 ALDEN & KERRY JONES LOT LINE REVISION (2017-08) 6 27 Pheasant Hollow Road 7 Section 2; Block 1; Lots 92.12 & 90 RR Zone 8 ------X 9 LOT LINE REVISION 10 Date: April 20, 2017 11 Time: 7:18 p.m. Place: Town of Newburgh 12 Town Hall 1496 Route 300 13 Newburgh, NY 12550
14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman 15 FRANK S. GALLI STEPHANIE DELUCA 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD
18 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. 19 PATRICK HINES GERALD CANFIELD 20 KENNETH WERSTED
21 APPLICANT'S REPRESENTATIVE: STEVEN PAULI 22 ------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 (845)895-3018 25 1 ALDEN & KERRY JONES 26
2 CHAIRMAN EWASUTYN: The second item of
3 business this evening is the Alden & Kerry Jones
4 lot line revision. It's located on Pheasant
5 Hollow Road in an RR Zone. It's being
6 represented by Steve Brooks I believe.
7 MR. PAULI: Steven Pauli.
8 CHAIRMAN EWASUTYN: Pauli.
9 MR. PAULI: Mr. Chairman, Members of
10 the Board, it's still the same lot line revision
11 you saw last month between tax map lot 92.12 and
12 90.
13 The revisions made to the map, based on
14 last month's meeting, were including a 25-foot
15 fee strip to tax map parcel 60, allowing access
16 off the end of Pheasant Hollow Road.
17 The revisions to the map were we added
18 the offset distance from the kennel showing that
19 we met our front yard setback.
20 We did submit a revised project
21 narrative and application reflecting these
22 changes.
23 We did receive an affidavit of
24 notification for the mailings.
25 We added three new notes, one parcel A 1 ALDEN & KERRY JONES 27
2 -- notes 9, 10, 11, and then most recently 12
3 reflecting the no underground encroachments along
4 this 25-foot strip. I will read note 9. "Parcel
5 A to be conveyed and combined with tax map lot 90
6 is not considered onto itself a lot." Parcel B
7 -- note 10, parcel B, "To be conveyed combined
8 with tax map lot 60. Not considered to be a
9 building lot." "Lot 2 together with and subject
10 to all provisions with the special permit the
11 home occupancy use granted by the Town Board --
12 the Town of Zoning -- Zoning Board of Appeals in
13 July of 1995." So again, we added the 25-foot
14 strip back to tax map lot 60.
15 CHAIRMAN EWASUTYN: Pat Hines, you have
16 reviewed the changes to the lot line maps that
17 Steve Pauli just presented.
18 MR. HINES: Yes. The changes that were
19 addressed are all changes that we suggested at
20 the previous meeting.
21 Combining tax lot 60 into this has
22 allowed there to be fee access to tax lot 60
23 which was previously a landlocked parcel. So by
24 providing the flag lot arrangement there, now it
25 has access to the private roadway. The resulting 1 ALDEN & KERRY JONES 28
2 lot from tax map 92.12 is greater than 5 acres,
3 so it does not need a septic design at this
4 point. It will need one prior to getting a
5 building permit.
6 I did provide the standard note
7 language to Mr. Pauli earlier today and I think
8 it's been added to the map. We can carry it as a
9 condition.
10 Otherwise the notifications have been
11 sent. We received the paperwork regarding that.
12 The Board is in a position to grant the
13 lot line approval should it wish to.
14 CHAIRMAN EWASUTYN: Any comments from
15 Board Members?
16 MR. GALLI: No additional.
17 MR. DOMINICK: No.
18 MR. WARD: No.
19 CHAIRMAN EWASUTYN: Mike Donnelly,
20 would you please present the Board with a
21 resolution for final approval.
22 MR. DONNELLY: First, it is an action
23 subject to SEQRA so you'll have to issue a
24 negative declaration before taking action.
25 The conditions are the standard ones. 1 ALDEN & KERRY JONES 29
2 The first is the addition of the map note which
3 you've already done but we'll carry as a
4 condition. You'll have to submit one
5 reproducible mylar and one paper copy. You must
6 file a map with the Orange County Real Property
7 Tax Service. You must show accurate acreage
8 changes for their purposes. We'd like you to copy
9 us on your letter transmitting that map to the
10 Real Property Tax Service for filing. Similarly,
11 you're going to have to convey those parcels by
12 deed, and we'd like to see your letter
13 transmitting those deeds to the Orange County
14 Clerk. After filing we'd like you -- wouldn't
15 like you, we'd require that you provide the
16 Planning Board with two copies of the lot line
17 change plat certified by the office of the Orange
18 County Clerk.
19 MR. PAULI: All right.
20 CHAIRMAN EWASUTYN: Any comments from
21 Board Members?
22 (No response.)
23 CHAIRMAN EWASUTYN: Then I'll move for
24 a motion to declare a negative declaration for
25 the Alden & Kerry Jones lot line revision, and 1 ALDEN & KERRY JONES 30
2 also for final approval subject to the conditions
3 that were presented by Mike Donnelly, Planning
4 Board Attorney, in the resolution.
5 MR. MENNERICH: So moved.
6 MR. WARD: Second.
7 CHAIRMAN EWASUTYN: I have a motion by
8 Ken Mennerich and a second by John Ward. I'll
9 ask for a roll call vote starting with Frank
10 Galli.
11 MR. GALLI: Aye.
12 MS. DeLUCA: Aye.
13 MR. MENNERICH: Aye.
14 MR. DOMINICK: Aye.
15 MR. WARD: Aye.
16 CHAIRMAN EWASUTYN: Aye. Motion
17 carried.
18 Steve, thank you.
19 MR. PAULI: Thank you very much.
20
21 (Time noted: 7:25 p.m.)
22
23
24
25 1 31
2
3
4 C E R T I F I C A T I O N
5
6
7 I, MICHELLE CONERO, a Notary Public
8 for and within the State of New York, do hereby
9 certify:
10 That hereinbefore set forth is a
11 true record of the proceedings.
12 I further certify that I am not
13 related to any of the parties to this proceeding by
14 blood or by marriage and that I am in no way
15 interested in the outcome of this matter.
16 IN WITNESS WHEREOF, I have hereunto
17 set my hand this 11th day of May 2017.
18
19
20 ______MICHELLE CONERO 21
22
23
24
25 1 32
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 DeGROAT & SMITH (2017-13) 6 68 & 78 Forest Road 7 Section 3; Block 1; Lots 33.11 & 33.22 AR Zone 8 ------X 9 INITIAL APPEARANCE 10 LOT LINE CHANGE
11 Date: April 20, 2017 Time: 7:25 p.m. 12 Place: Town of Newburgh Town Hall 13 1496 Route 300 Newburgh, NY 12550 14
15 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman FRANK S. GALLI 16 STEPHANIE DELUCA KENNETH MENNERICH 17 DAVID DOMINICK JOHN A. WARD 18
19 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. PATRICK HINES 20 GERALD CANFIELD KENNETH WERSTED 21
22 APPLICANT'S REPRESENTATIVE: LAWRENCE MARSHALL
23 ------X MICHELLE L. CONERO 24 10 Westview Drive Wallkill, New York 12589 25 (845)895-3018 1 DeGROAT & SMITH 33
2 CHAIRMAN EWASUTYN: Our third item
3 of business this evening is DeGroat and
4 Smith. It's a lot line change located on
5 Forest Road in an AR Zone. It's being
6 represented by Larry Marshall.
7 MR. MARSHALL: Good evening. As the
8 Chairman stated, this is a lot line change
9 transferring approximately 1.24 acres of land
10 from the existing tax parcel 3-1-33.22 to tax map
11 parcel 3-1-33.11. The lot line change does not
12 affect the lots in any manner as far as using
13 wells or septic systems. It's just a straight
14 transfer of land.
15 The existing parcel in the front owned
16 by DeGroat does have a house that's too close to
17 the property line along the side yard at 26.7
18 feet and will require a variance due to the 30
19 foot minimum requirement. We would ask that the
20 Board allow us -- refer us to the Zoning Board of
21 Appeals to request that variance.
22 Other than that, the two lots are in
23 conformance with zoning.
24 CHAIRMAN EWASUTYN: Pat Hines?
25 MR. HINES: We concur with that 1 DeGROAT & SMITH 34
2 statement. The existing lot 33.22 has a
3 deficient side yard, 26.7 feet where 30 is
4 required. It's an existing condition but it
5 loses it's pre-existing condition protection
6 because of a change in the lot size. That will
7 need to go to the ZBA.
8 Then at least ten days prior to coming
9 back before this Board notifications must be
10 mailed out to property owners within 500 feet.
11 There's no public hearing requirement for the lot
12 lines but the notification requirement will have
13 to be complied with.
14 So a referral to the ZBA would be
15 appropriate.
16 CHAIRMAN EWASUTYN: Any questions or
17 comments from Board Members?
18 (No response.)
19 CHAIRMAN EWASUTYN: Mike Donnelly,
20 you'll prepare a letter to the Zoning Board of
21 Appeals.
22 MR. DONNELLY: I will.
23 MR. MARSHALL: Thank you very much.
24 (Time noted: 7:27 p.m.)
25 1 35
2
3
4 C E R T I F I C A T I O N
5
6
7 I, MICHELLE CONERO, a Notary Public
8 for and within the State of New York, do hereby
9 certify:
10 That hereinbefore set forth is a
11 true record of the proceedings.
12 I further certify that I am not
13 related to any of the parties to this proceeding by
14 blood or by marriage and that I am in no way
15 interested in the outcome of this matter.
16 IN WITNESS WHEREOF, I have hereunto
17 set my hand this 11th day of May 2017.
18
19
20 ______MICHELLE CONERO 21
22
23
24
25 1 36
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 FABRIZIO TWO-LOT SUBDIVISION (2017-05) 6 Gardnertown Road 7 Section 51; Block 9; Lot 9 R-1 Zone 8 ------X 9 TWO-LOT SUBDIVISION 10 Date: April 20, 2017 11 Time: 7:28 p.m. Place: Town of Newburgh 12 Town Hall 1496 Route 300 13 Newburgh, NY 12550
14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman 15 FRANK S. GALLI STEPHANIE DELUCA 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD
18 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. 19 PATRICK HINES GERALD CANFIELD 20 KENNETH WERSTED
21 APPLICANT'S REPRESENTATIVE: CHARLES BROWN 22 ------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 (845)895-3018 25 1 37
2 CHAIRMAN EWASUTYN: Next is the
3 Fabrizio Two-Lot Subdivision located on
4 Gardentown Road in an R-1 Zone. It's being
5 represented by Talcott Engineering.
6 MR. BROWN: Thank you. Since our last
7 meeting of the Planning Board, which was February
8 2nd, we've been to the Zoning Board. We got the
9 necessary variances.
10 We went to the Town Board for approval
11 for the hookup and the outside user agreement.
12 They can't proceed with that until we get a
13 negative dec from this Board.
14 We've also made some revisions based
15 upon comments from Jim Osborne, the Town
16 Engineer.
17 We sent a request for a flow acceptance
18 letter to Jim also back in March, March 29th.
19 CHAIRMAN EWASUTYN: Again I'll turn to
20 Pat Hines.
21 MR. HINES: Just noting that the
22 variances were received back on the 23rd of
23 March.
24 A common driveway access and
25 maintenance agreement will be required for the 1 38
2 shared driveway for this lot, this subdivision
3 proposed lot 1 and existing tax lot 4.21. It's
4 an existing condition where that driveway crosses
5 one of the lots in the subdivision.
6 The highway superintendent's comments,
7 are those outstanding?
8 MR. BROWN: I haven't seen anything.
9 MR. HINES: A shared utility
10 arrangement is going to need to be filed, or some
11 sort of maintenance agreement. The sewer in this
12 area is a low-pressure force main and they are
13 tying in the two new lots into one connection at
14 the frontage. There's a small portion of the
15 sewer line that will be shared.
16 Charlie, did you get your City of
17 Newburgh sewer acceptance letter?
18 MR. BROWN: We haven't received that
19 yet.
20 MR. HINES: This Board is restricted
21 from taking action until that is received.
22 The project requires a public hearing,
23 which the Board could schedule.
24 We would recommend a negative
25 declaration. 1 39
2 CHAIRMAN EWASUTYN: Jerry Canfield,
3 Code Compliance?
4 MR. CANFIELD: We have nothing
5 additional.
6 CHAIRMAN EWASUTYN: Board Members?
7 MR. GALLI: I have nothing.
8 CHAIRMAN EWASUTYN: Okay. Based upon
9 the recommendation of Pat Hines that we can make
10 a SEQRA determination tonight, I'll move for a
11 motion to declare a negative declaration on the
12 Fabrizio Two-Lot Subdivision on Gardnertown Road
13 and to set a public hearing date for May 18th.
14 MR. MENNERICH: So moved.
15 MR. WARD: Second.
16 CHAIRMAN EWASUTYN: Motion by Ken
17 Mennerich. Second by John Ward. I'll ask for a
18 roll call vote starting with Frank Galli.
19 MR. GALLI: Aye.
20 MS. DeLUCA: Aye.
21 MR. MENNERICH: Aye.
22 MR. DOMINICK: Aye.
23 MR. WARD: Aye.
24 CHAIRMAN EWASUTYN: Aye.
25 MR. BROWN: Thank you. 1 40
2 (Time noted: 7:31 p.m.)
3
4
5 C E R T I F I C A T I O N
6
7
8 I, MICHELLE CONERO, a Notary Public
9 for and within the State of New York, do hereby
10 certify:
11 That hereinbefore set forth is a
12 true record of the proceedings.
13 I further certify that I am not
14 related to any of the parties to this proceeding by
15 blood or by marriage and that I am in no way
16 interested in the outcome of this matter.
17 IN WITNESS WHEREOF, I have hereunto
18 set my hand this 11th day of May 2017.
19
20
21 ______MICHELLE CONERO 22
23
24
25 1 41
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 LAKESIDE SENIOR HOUSING (2016-19) 6 21 Lakeside Road 7 Section 86; Block 1; Lots 39.22 & 39.23 IB Zone 8 ------X 9 SITE PLAN 10 Date: April 20, 2017 11 Time: 7:31 p.m. Place: Town of Newburgh 12 Town Hall 1496 Route 300 13 Newburgh, NY 12550
14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman 15 FRANK S. GALLI STEPHANIE DELUCA 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD
18 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. 19 PATRICK HINES GERALD CANFIELD 20 KENNETH WERSTED
21 APPLICANT'S REPRESENTATIVE: BARRY MEDENBACH 22 ------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 (845)895-3018 25 1 LAKESIDE SENIOR HOUSING 42
2 CHAIRMAN EWASUTYN: The fifth item
3 of business we have this evening is Lakeside
4 Senior Housing. It's located on Lakeside
5 Road in an IB Zone. It's being represented
6 by Barry Medenbach.
7 MR. MEDENBACH: Good evening. Do you
8 want me to give an update?
9 CHAIRMAN EWASUTYN: From where we left
10 off last.
11 MR. MEDENBACH: The last time we were
12 here there were a couple of requests. One of
13 them was the entrance road which goes out to
14 Lakeside. Actually, the first part of it through
15 the hotel side is 26 feet wide. We were going to
16 reduce it to 20. We got back in here and we were
17 going to go back to 26 for the fire access, the
18 request to widen that, and also provide a 6-foot
19 paved area all the way out to Lakeside for
20 pedestrian access which we included in the plans.
21 We also increased the water main
22 extension from 6 to 8 inches to allow for the
23 higher fire flow that may be required for the
24 building sprinkler fire prevention system. We
25 added another fire hydrant. 1 LAKESIDE SENIOR HOUSING 43
2 We modified the landscaping a little
3 bit. There was a question about not having any
4 Conifers. We have some Conifer trees.
5 Also during that time period we
6 obtained our flow confirmation from the City of
7 Newburgh.
8 We made the application to the DEC for
9 the wetlands. We're not actually in the wetlands
10 but we're touching the 100-foot adjacent area to
11 make the emergency access into the parking lot
12 for the Ice Time complex. So that application
13 has been made.
14 CHAIRMAN EWASUTYN: Thank you.
15 Jerry Canfield, comments at this point?
16 MR. CANFIELD: As Mr. Medenbach
17 indicated, the access roads are acceptable, the
18 26 feet.
19 The main size increasing to 8 inches is
20 acceptable.
21 The hydrant locations that he has
22 proposed, they submitted to my office which is
23 also acceptable.
24 I believe Mike is going to talk about
25 the assurances mentioned in 185-48. 1 LAKESIDE SENIOR HOUSING 44
2 MR. HINES: Of the Zoning Code.
3 MR. DONNELLY: Before the senior
4 housing project can be approved there has to be
5 an approval granted by the Town Board even though
6 a density increase is not being sought. The
7 assurance required under Section 185-48(D) 1
8 through 5 requires a demonstration of the need
9 for affordable housing and certain assurances
10 that are specified in those sections. The Town
11 Board will have to grant that approval before you
12 can act.
13 You're talking about issuing a negative
14 declaration. The Town Board will need to see
15 that before they can give their approval.
16 I think you decided during the work
17 session that you would hold a public hearing on
18 this matter but you would schedule it after the
19 Town Board took action.
20 MR. MEDENBACH: Okay.
21 CHAIRMAN EWASUTYN: Comments from Board
22 Members. Frank Galli?
23 MR. GALLI: Nothing.
24 MR. DOMINICK: No.
25 MR. WARD: I was going to mention what 1 LAKESIDE SENIOR HOUSING 45
2 he said.
3 CHAIRMAN EWASUTYN: You can mention it.
4 MR. WARD: Where you have your entrance
5 coming in with the property line, with the other
6 projects around the Town what we've had is like a
7 decorative, whether it's stone or whatever, as an
8 entrance with a sign going up, or whatever, for
9 an entrance going into your property.
10 MR. MEDENBACH: In here?
11 MR. WARD: Wherever your --
12 MR. MEDENBACH: We don't own anything
13 here.
14 MR. WARD: I'm saying where your
15 property line is.
16 MR. MEDENBACH: We can do that. We can
17 put a sign.
18 MR. WARD: Not even a sign. A little
19 stone on each side.
20 MR. HINES: An entrance feature.
21 MR. MEDENBACH: We can do that. We can
22 add that to our landscaping plan.
23 MR. WARD: This way it's presentable.
24 CHAIRMAN EWASUTYN: Any additional
25 comments? 1 LAKESIDE SENIOR HOUSING 46
2 (No response.)
3 CHAIRMAN EWASUTYN: Then I'll move for
4 a motion to declare a negative declaration for
5 the Lakeside Senior Housing project on Lakeside
6 Road before us this evening.
7 MR. DOMINICK: I'll make the motion.
8 MR. WARD: Second.
9 CHAIRMAN EWASUTYN: I have a motion by
10 Dave Dominick. I have a second by John Ward.
11 Any discussion of the motion?
12 (No response.)
13 CHAIRMAN EWASUTYN: I'll move for a
14 roll call vote starting with Frank Galli.
15 MR. GALLI: Aye.
16 MS. DeLUCA: Aye.
17 MR. MENNERICH: Aye.
18 MR. DOMINICK: Aye.
19 MR. WARD: Aye.
20 CHAIRMAN EWASUTYN: Aye.
21 So at this point Mike Donnelly is
22 suggesting you address the Town Board as far as
23 getting on the agenda.
24 MR. DONNELLY: I'll send a referral
25 letter as well. 1 LAKESIDE SENIOR HOUSING 47
2 MR. MEDENBACH: The public hearing?
3 Schedule a public hearing for next month?
4 MR. DONNELLY: I'll send a referral
5 letter. You'll have to be put on the Town Board
6 agenda. This Board will hold it's public hearing
7 after the Town Board takes action.
8 MR. MEDENBACH: Okay.
9 MR. HINES: Also, we discussed at work
10 session the need for architecturals prior to the
11 public hearing.
12 CHAIRMAN EWASUTYN: Thank you. That's
13 important. We'll need that for the public
14 hearing.
15 MR. MEDENBACH: With the original
16 application we had some architecturals which I
17 can resubmit.
18 MR. DONNELLY: I think the Board just
19 wants to make sure you have them for the public
20 hearing.
21 MR. MEDENBACH: There's kind of a
22 rendering of the building, what we're looking at.
23 CHAIRMAN EWASUTYN: I think we want to
24 see all four sides of the building. Something of
25 a more detailed nature. 1 LAKESIDE SENIOR HOUSING 48
2 MR. MEDENBACH: We can do that. I have
3 some. I have this one. These are our
4 preliminaries that we put together. We basically
5 designed the site around this with the individual
6 units. We can advance these drawings a little
7 bit more. How much more detail do you want other
8 than colors? The dimensions are pretty much
9 there. I'll submit those as a formal submission
10 before the public hearing.
11 MR. HINES: They're going to look for
12 not only colors, materials, type of windows, type
13 of window treatments, the vinyl siding. That
14 kind of detail.
15 MR. MEDENBACH: Okay. Very good.
16 MR. HINES: As a guide, the Town has an
17 architectural form that if you filled that out it
18 would give you the details that they're looking
19 for.
20 MR. MEDENBACH: Okay.
21 MR. HINES: I think it's in the
22 application packet.
23 MR. MEDENBACH: I think I remember
24 reviewing that.
25 MR. HINES: We had a couple of 1 LAKESIDE SENIOR HOUSING 49
2 technical comments that Mr. Medenbach has that he
3 can address.
4 MR. MEDENBACH: Minor stuff. I don't
5 think we need to discuss it.
6 MR. HINES: No.
7 MR. MEDENBACH: We'll take care of all
8 those items.
9 CHAIRMAN EWASUTYN: Thank you.
10 MR. MEDENBACH: Anything else? Thank
11 you.
12 MR. HINES: Barry, also on the water
13 main extension, the Health Department approval
14 will be required.
15 MR. MEDENBACH: I know that.
16 MR. HINES: I didn't have it on the
17 comments.
18 MR. MEDENBACH: It was on your earlier
19 comments. We'll take note of that. I think
20 we're almost ready to submit that.
21
22 (Time noted: 7:38 p.m.)
23
24
25 1 50
2
3
4 C E R T I F I C A T I O N
5
6
7 I, MICHELLE CONERO, a Notary Public
8 for and within the State of New York, do hereby
9 certify:
10 That hereinbefore set forth is a
11 true record of the proceedings.
12 I further certify that I am not
13 related to any of the parties to this proceeding by
14 blood or by marriage and that I am in no way
15 interested in the outcome of this matter.
16 IN WITNESS WHEREOF, I have hereunto
17 set my hand this ^ day day of ^ Month 2017.
18
19
20 ______MICHELLE CONERO 21
22
23
24
25 1 51
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 RAM HOTELS, INC. (2016-21) 6 Unity Place 7 Section 97; Block 2; Lot 37 IB Zone 8 ------X 9 PUBLIC HEARING 10 Date: April 20, 2017 11 Time: 7:39 p.m. Place: Town of Newburgh 12 Town Hall 1496 Route 300 13 Newburgh, NY 12550
14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman 15 FRANK S. GALLI STEPHANIE DELUCA 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD
18 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. 19 PATRICK HINES GERALD CANFIELD 20 KENNETH WERSTED
21 APPLICANT'S REPRESENTATIVE: LAWRENCE MARSHALL 22 ------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 (845)895-3018 25 1 RAM HOTELS, INC. 52
2 CHAIRMAN EWASUTYN: The sixth item on
3 the agenda this evening is the RAM Hotel. It's
4 located on Unity Place in an IB Zone. It's here
5 this evening for a public hearing. It's being
6 represented by Larry Marshall.
7 At this point I'll turn the meeting
8 over to Ken Mennerich.
9 MR. MENNERICH: "Notice of hearing,
10 Town of Newburgh Planning Board. Please take
11 notice that the Planning Board of the Town of
12 Newburgh, Orange County, New York will hold a
13 public hearing pursuant to Section 276 of the
14 Town Law, Chapter 83 of the Town of Newburgh
15 Code, on the application of RAM Hotels,
16 Incorporated, project 2016-21, for a two-lot
17 subdivision and site plan. The project proposes
18 to subdivide and existing 8.47 acre parcel into
19 two lots. Lot 1 will be 6.42 acres, lot 2 is
20 2.05 acres. The project proposes a site plan on
21 lot 1 consisting of a five-story, 112 room hotel.
22 The hotel will have a footprint of 18,388 square
23 feet. 160 plus or minus parking spots are
24 proposed. The site will be served by municipal
25 water and sewer service located within Unity 1 RAM HOTELS, INC. 53
2 Place. A stormwater pollution prevention plan
3 has been prepared. Two points of access from
4 Unity Place are proposed, one of which will share
5 access with the other lot in the subdivision, lot
6 2. The project is located in the IB Zone. The
7 premises are located on Unity Place on Town of
8 Newburgh tax maps as Section 97, Block 2, Lot 37.
9 Said hearing will be held on the 20th day of
10 April 2017 at the Town Hall Meeting Room, 1496
11 Route 300, Newburgh, New York at 7 p.m. at which
12 time all interested persons will be given an
13 opportunity to be heard. By order of the Town of
14 Newburgh Planning Board. John P. Ewasutyn,
15 Chairman, Planning Board Town of Newburgh. Dated
16 28 March 2017."
17 CHAIRMAN EWASUTYN: Thank you, Mr.
18 Mennerich.
19 At this point I'll turn the meeting
20 over to Mike Donnelly to explain the purpose of a
21 public hearing.
22 MR. DONNELLY: There are two public
23 hearings this evening. The Board wishes to hear
24 from the public before it takes any action on
25 these two proposals. The applicant will first 1 RAM HOTELS, INC. 54
2 make a presentation. After that the Chairman
3 will ask those that wish to speak to please raise
4 your hand. We'd ask you, when you're called
5 upon, to come forward so that we can hear you.
6 State your name, spell it if you would for our
7 Stenographer so we get it down correctly. It
8 would be helpful to the Board if you'd say where
9 you live in relationship to the project so we
10 understand the perspective you bring to bear. If
11 you have simple questions that can be answered,
12 the Chairman will ask either a member of the
13 Town's consultant team or the applicant's
14 representative to answer those questions. We ask
15 you to address your comments and questions to the
16 Board, not to the applicant.
17 CHAIRMAN EWASUTYN: Thank you.
18 Mr. Marshall.
19 MR. MARSHALL: Good evening. My name
20 is Larry Marshall from Mercurio-Norton-Tarolli-
21 Marshall. We're the applicant's engineer and
22 land surveyor of record.
23 As stated in the public notice, this is
24 a two-part application, the first part being a
25 two-lot subdivision of an existing approximately 1 RAM HOTELS, INC. 55
2 8.5 acre parcel located on the westerly side of
3 Unity Place.
4 To give the public a general awareness
5 of where this is, it's located south of the
6 existing Morehead Honda and southwest of the
7 Barton Birks Chevy Cadillac dealership. It's
8 located between Morehead Honda and up above would
9 be the Jehovah's Witness hall.
10 As stated, this is a two-lot
11 subdivision subdividing approximately 6.4 acres
12 off of the parent approximately 8.5 acre parcel,
13 and then the 6.4 acre parcel is proposed for a
14 hotel site.
15 The hotel is a five-story hotel
16 containing 112 guest rooms. The hotel, being
17 located on Unity Place, did require two variances
18 to which the Zoning Board of Appeals granted
19 them. That was for overall height exceeding the
20 maximum height by 19 foot 4 inches and also a lot
21 -- a hotel being located on a Town road as
22 opposed to a County or a State highway.
23 The site plan proposed does contain two
24 accesses off of Unity Place. The northerly
25 entrance, which would be the first entrance if 1 RAM HOTELS, INC. 56
2 you were entering off of 17K onto Unity Place, is
3 the primary entrance to the site. The applicant
4 wished to have a secondary entrance or exit out
5 onto Unity Place in the event of an emergency or
6 just to better facilitate movement through. That
7 second entrance is proposed to be a joint
8 entrance with remaining lot 2. So if lot 2
9 develops at a future date, they would utilize the
10 secondary entrance to the site.
11 To service the site there are a total
12 of 116 parking spaces which is in compliance with
13 zoning.
14 We do propose to connect to the Town
15 water and sewer.
16 A stormwater pollution prevention plan
17 has been prepared in conformance with current New
18 York State DEC regulations.
19 As part of the grading that's
20 associated with the construction of the hotel,
21 there's a small amount of wetland disturbance.
22 That wetland disturbance is the U.S. Army Corp of
23 Engineers. The total disturbance is
24 approximately 2,500 square feet. It falls within
25 their regulations of the pre-construction 1 RAM HOTELS, INC. 57
2 notification qualifications to which the
3 applicant is currently pursuing with the Army
4 Corp. We have not received their approval or
5 their lack of response yet, but we do anticipate
6 that in the near future.
7 We have prepared full plan sets
8 including a lighting and landscaping plan for the
9 Board's review. The landscaping has changed
10 substantially since the last submission. We met
11 with Karen Arent and developed a landscaping plan
12 in conformance with what she felt would be best
13 suited on this site. As I said, extensive
14 landscaping around the building along with
15 internal to the islands and around the perimeter.
16 I can go into that in more detail if you'd like.
17 We also have a lighting plan that's
18 associated with the -- a lighting plan that's
19 been developed for the property. It is all LED
20 fixtures, full cutoff, above-rated lighting on
21 the site. This is some upward lighting to light
22 the side of the hotel building at night. Again,
23 all non-glare, downward facing fixtures.
24 We have provided the Board with the
25 prototypical elevation of the building. 1 RAM HOTELS, INC. 58
2 Primarily the building will feature three
3 different colors of stucco along with a cultured
4 stone and a firewood finish. We do have samples
5 of what's being proposed. Obviously we did not
6 submit them prior. If the Board would like to
7 see them, we do have them with us this evening.
8 CHAIRMAN EWASUTYN: At this point I'd
9 like to turn the meeting over to the public. As
10 Mr. Donnelly had said, if you would raise your
11 hand and give your name and your address. If you
12 happen to have a business card that you could
13 offer to Michelle Conero, the Stenographer, that
14 would be helpful.
15 The gentleman in the back.
16 MR. BAZYDLO: Good evening, Board
17 Members. My name is Charlie Bazydlo, I'm outside
18 Counsel, Counsel for three neighboring property
19 owners of the project. The three clients I'm
20 representing here tonight are Route 17K Real
21 Estate, LLC. They own an office building on 17K
22 in the vicinity of the project. There's also two
23 local landowners on Lakeview Drive, Janet Berry
24 and Charles and Nancy Joanides, that are in close
25 proximity to the project. They are on the 1 RAM HOTELS, INC. 59
2 notification list for the 500 feet surrounding
3 notification.
4 Basically what we've done, we have
5 taken the plans and the submission that's been
6 made to the Board and we have engaged an
7 engineering company and a wetlands specialist to
8 take a look at the application and come up with
9 some comments and observations on it. I do have
10 those reports here with me tonight. I have a
11 copy for each of the Board Members, and I'd like
12 to give a brief summary of that if I can.
13 CHAIRMAN EWASUTYN: Charlie, can I ask
14 you a question?
15 MR. BAZYDLO: Sure.
16 CHAIRMAN EWASUTYN: You've been working
17 on this for how long? You know what always
18 amazes me, how a gentleman of your quality will
19 come forward at 8:00 in the evening and say here
20 it is, whereas you would think, being a
21 professional, you would have the due courtesy of
22 at least giving it to us twenty-four hours,
23 forty-eight hours in advance so we can have an
24 opportunity to review it. But that being said --
25 MR. BAZYDLO: Understood. 1 RAM HOTELS, INC. 60
2 CHAIRMAN EWASUTYN: It's the one thing
3 that has always fascinated me about public
4 hearings.
5 MR. BAZYDLO: Understood. Well in this
6 situation, just to explain the process we had to
7 go through, I was at last month's meeting. I did
8 hear the date for the public hearing. We had to
9 file a FOIL application to get the material.
10 CHAIRMAN EWASUTYN: And the turnaround
11 on that?
12 MR. BAZYDLO: It was excellent.
13 Excellent on that. Got the material, had to get
14 it copied, had to find the consultants to review
15 the information. I'm a lawyer. I love the fact
16 of it, you have to get contracts with them,
17 engage them, pay their fees. It all takes time
18 to do it. We just got these reports I think on
19 the 18th or 19th. Just a day or two ago. I had
20 to have a chance to take a look through them and
21 summarize them. I do understand your concern,
22 however sometimes it seems like it's a long
23 notification period from when you set the public
24 hearing to when it actually happens but it's not
25 that long when you get involved in the details. 1 RAM HOTELS, INC. 61
2 CHAIRMAN EWASUTYN: Thank you for your
3 time.
4 MR. BAZYDLO: Okay. I'll give you the
5 original. It kind of looks like a test.
6 Basically I'll just go over -- I
7 provided on top a summary letter, a three-page
8 summary letter, of the points raised. Between
9 the engineering consultant and the wetlands
10 consultant there's, I hate to say it, sixteen
11 pages of comments. Some of them are figures.
12 It's probably about twelve pages of comments.
13 MR. HINES: Charlie, can he get one?
14 MR. BAZYDLO: You can.
15 Basically it comes down to a few key
16 issues. I will say that each one of the comments
17 raised by the consultants is something I believe
18 the applicant needs to address.
19 To summarize my summation, if you will,
20 one of the big issues about I think this project
21 site, as the Board may already realize, is the
22 wetlands that's located on this project site. As
23 Mr. Marshall had commented or said during his
24 presentation, there is going to be a filling of
25 this wetland. Now, the applicant, in my opinion, 1 RAM HOTELS, INC. 62
2 seems to present this as a minor action. We have
3 a disagreement with that. Basically the wetlands
4 consultant that we had look at the project
5 believes that this site is hydraulically
6 connected to other wetland areas -- other
7 wetlands within the immediate area. The fact
8 that this wetland is not isolated, we believe,
9 creates a complication, not only for potentially
10 getting an Army Corp permit but might bump it up
11 to the possibility of DEC jurisdiction.
12 Basically when you look at the history
13 of the site -- there are aerial photographs and
14 history of the site that shows the wetlands on
15 the site may have actually been bigger at one
16 time. Soil surveys show this site being
17 primarily poorly drained soils, wet soils. It
18 isn't now. Somewhere along the way there's been
19 filling on the site or grading on the site. We
20 don't know when that may have occurred. We don't
21 know what approvals may have been given for that.
22 I believe that's something the Board needs to
23 consider, that what the applicant says is now, I
24 think they said a half acre wetland, maybe a
25 little bit bigger, could actually be much bigger 1 RAM HOTELS, INC. 63
2 than that. That's something that should come out
3 of the Army Corp's review of the project.
4 Mr. Marshall did correctly state that
5 it's going to require a pre-construction
6 notification. That pre-construction notification
7 is going to require a detailed delineation of the
8 wetland. That delineation of the wetland has to
9 be reviewed by the Army Corp. I believe some of
10 these issues may be brought up when the Army Corp
11 is in the process of issuing their jurisdictional
12 determination.
13 Now beyond that, the fact that this
14 wetland is associated with an active stream that
15 runs through it and connects to other areas
16 possibly brings in DEC jurisdiction. If the DEC
17 was to look at this site and say well it's not
18 just a small wetland on the site but perhaps it's
19 connected to other ones in the area, made me feel
20 that it does qualify as either a strict 12.5 acre
21 jurisdictional wetland, or they could say that
22 because of the fact that there may be endangered
23 or threatened species or habitats on this site,
24 coupled with the fact of their new heightened
25 concern about water quality of Lake Washington 1 RAM HOTELS, INC. 64
2 and the potable water source of Lake Washington.
3 DEC already has the legal ability to take control
4 over this wetland even if it isn't 12.5 acres.
5 If they were to take jurisdictional control over
6 the wetland, that requires -- as the Board knows,
7 there's a 100-foot buffer around that DEC
8 regulated wetland as opposed to no buffer around
9 the Army Corp. You'll not only have a
10 disturbance of the wetland itself but also a
11 disturbance of the buffer area. So the wetlands
12 I think is the significant issue. I'm not saying
13 it couldn't work out, but it needs to be flushed
14 out further, and should be flushed out before
15 this Board takes further action on the
16 application.
17 The second major area, endangered and
18 threatened species. I think the applicant has
19 acknowledged the fact that the site is a
20 potential habitat for Long Eared Bats, as is most
21 of Orange County at this point in time. I have
22 noticed they have cut down trees on the property
23 in conformance with an issued grading plan during
24 the proper period of time when that action could
25 occur. However, in looking over the EAF and in 1 RAM HOTELS, INC. 65
2 looking over the file that the applicant has
3 produced, there does not seem to be any
4 coordination to try to identify whether there's
5 any other habitat on the site that could support
6 endangered or threatened species. I think the DEC
7 mapper says in itself that it's unknown at this
8 point in time. Typically there would be some
9 further coordination, some further letter
10 correspondence with DEC to see if there's been
11 any indication of species on the site or in the
12 general area. So I think that's something that
13 also needs to be looked at a little bit further.
14 The stormwater pollution prevention
15 plan. The applicant has put that together. I
16 did not go into any details in my summary but in
17 the report from Provident Design Engineering
18 there's several pages of comments they have about
19 the adequacy of that stormwater pollution
20 prevention plan. I think it's something the
21 Board would be -- it would be a good idea if the
22 Board was to direct the applicant to take a look
23 at those comments and come up with a response for
24 it.
25 Traffic and parking. I did not see in 1 RAM HOTELS, INC. 66
2 the review of the file any detailed traffic
3 impact study done for the project. There was an
4 additional auto dealership proposed at one time
5 across the street from this project. That
6 project did require improvements to the Route
7 17K/Unity Place intersection, however none is
8 proposed here. I don't know whether that project
9 is still active. Even if it isn't, if the amount
10 of traffic generated for that dealership is
11 somewhat equal to what is going to happen at this
12 hotel, it seems a more detailed look needs to be
13 examined as to whether there needs to be any
14 additional improvements to the intersection.
15 A key point both from a study point of
16 view and also from a SEQRA point of view is that
17 this project does entail a subdivision. It's
18 going to create a separate lot. The argument can
19 be made that this Board should be looking at the
20 combined impacts of both of those lots. Though
21 the applicant has not proposed anything specific
22 for the second lot, they are proposing a shared
23 driveway with that second lot. This kind of
24 tailors into the traffic analysis that at least
25 -- normally what many boards would do is to say 1 RAM HOTELS, INC. 67
2 well give me an example of something that could
3 go on that lot that's in compliance with the code
4 and we can then take a look at the traffic
5 generated from that as well as stormwater
6 generation and see whether combined together this
7 project trips any kind of criteria for a more
8 detailed study.
9 And then finally, just by way of
10 summary, in looking at the application, the
11 applicant is proposing a 112 room hotel. They
12 have spec'd out 116 parking spaces. That does
13 comply with the Town's Code requirements for
14 parking for the hotel use itself, however this
15 hotel is also proposing a 96 seat conference
16 center and a 20 seat ballroom, a 50 seat
17 restaurant and I believe a 12 seat bar area. I
18 believe your code calls for those areas also to
19 have a separate parking allocation. I believe
20 it's one space for every four seats of occupancy.
21 So if my math is correct -- I'm a lawyer, not an
22 engineer so my math may not be correct -- I think
23 that comes out to another 45 parking spaces that
24 are not on this site. The site is already tight
25 from a design point of view. I don't know 1 RAM HOTELS, INC. 68
2 whether they can get another 45 parking spaces on
3 this site. Certainly without maybe perhaps
4 impacting the wetland more or perhaps impacting
5 the dividing line, or proposed dividing line
6 between the two lots. I think that's a key issue
7 that needs to be looked at by the applicant and
8 the Board.
9 So that's by way of a quick summary. I
10 understand the Chairman's concern about the short
11 timeframe in providing this information, however,
12 as I explained, it does take some time to get it
13 together.
14 I would request that the Board keep the
15 public hearing open and ask the applicant to go
16 over these comments and then supply a response to
17 the Board, and we'd like to have a chance to
18 review that response once it's produced also.
19 CHAIRMAN EWASUTYN: Thank you.
20 MR. BAZYDLO: Thank you.
21 CHAIRMAN EWASUTYN: The gentleman in
22 the front who raised his hand.
23 MR. FEDER: Bill Feder, Rockwood Drive.
24 My initial question was is this intended to be a
25 commercial property open to the public as a 1 RAM HOTELS, INC. 69
2 hotel? I guess is it a commercial hotel? Will
3 it be a commercial hotel?
4 MR. MARSHALL: Yes. It is proposed to
5 be a Hilton Garden Inn.
6 MR. FEDER: The second comment is based
7 on the previous comment. I think the flow of
8 water needs to be investigated a little bit
9 further. I don't think it will impact City of
10 Newburgh's drinking water as the stream likely
11 flows in the opposite direction to the Quassaick
12 Creek, to the north of that property. Thank you.
13 CHAIRMAN EWASUTYN: Do you want to
14 respond to the drainage flow?
15 MR. MARSHALL: Regarding -- well, two
16 parts. One, this site is not tributary to Lake
17 Washington, so that concern that was raised by
18 Mr. Bazydlo -- the gentleman, I'm sorry, I didn't
19 catch your name.
20 MR. FEDER: Bill Feder.
21 MR. MARSHALL: I'm sorry, Mr. Feder.
22 Mr. Feder is absolutely correct. This flows to
23 the north. Lake Washington is to the south.
24 Regarding specifically the flow from
25 the proposed development, in accordance with New 1 RAM HOTELS, INC. 70
2 York State DEC regulations, the general permit,
3 we are not allowed to increase the flow rate off
4 of the site. We have provided demonstration of
5 that within our stormwater pollution prevention
6 plan.
7 CHAIRMAN EWASUTYN: Would you like to
8 comment on any issues that Charlie had just
9 raised?
10 I hope you don't mind me calling you
11 Charlie.
12 MR. BAZYDLO: That's fine.
13 CHAIRMAN EWASUTYN: That's why we were
14 saving you a seat.
15 MR. MARSHALL: A couple of the items.
16 Regarding specifically the endangered species, we
17 wrote a request to the National Heritage Program
18 to which we received a response identifying only
19 the Indiana Bat and Northern Long Eared Bat as
20 potential species on this site. As the Board is
21 well aware, you don't impact those species unless
22 you remove trees between April 1st and October
23 1st. Those trees have been removed. That's just
24 a time of year issue, which this project, if it
25 were to begin construction before October 1st, 1 RAM HOTELS, INC. 71
2 then it would not have any impact on those
3 species.
4 There were some concerns over the
5 potential connection to New York State DEC
6 wetlands. New York State DEC does not consider a
7 wetland to be hydraulically connected if it is
8 segmented by an installed culvert pipe that
9 exceeds 150 feet in length. The culvert pipe
10 that drains under Unity Place to the north side
11 of 17K well exceeds that, so that point is moot.
12 This wetland itself would have to be connected
13 hydraulically to the west to a larger wetland.
14 Really this wetland is isolated to the areas
15 between the Adams Fairacre Farms, the Kohl's
16 shopping center and the Home Depot that's on the
17 site.
18 Regarding the traffic study, we had, as
19 we had indicated in our -- as Mr. Barton had
20 indicated in our initial presentation, the auto
21 dealership that was proposed out on 17K that that
22 traffic study was completed for has been
23 abandoned and he's no longer pursuing that. As
24 you are well aware, he recently renovated his
25 existing showroom, and that was in lieu of the 1 RAM HOTELS, INC. 72
2 new dealership.
3 I won't speak to your consultant's
4 review of the traffic generation but we did
5 provide some preliminary calculations, as did
6 your consultant, and they were relatively low for
7 the size of the development.
8 Regarding the parking, as indicated
9 previously, the bar and the restaurant located
10 within the hotel will be for the hotel guests
11 only. It's not for outside users. This is not,
12 you know, a hotel where you would come in as an
13 outside -- as somebody driving down the street
14 looking for a bite to eat. It is for guests,
15 which was indicated at a previous meeting.
16 CHAIRMAN EWASUTYN: I'll turn to our
17 consultants for open conversation.
18 Ken Wersted, Traffic Consultant?
19 MR. WERSTED: As Mr. Marshall pointed
20 out, there was a previous project proposed off of
21 17K, the Barton car dealership. I believe that
22 had a number of different uses in total that was
23 assumed in the traffic study and has since gone
24 away. As our preliminary look at this project
25 and in comparison with the previous study that 1 RAM HOTELS, INC. 73
2 was out there at Unity Place, we had identified
3 the previous project that proposed an eastbound
4 right-turn lane onto Unity Place, but with that
5 project going away and this one coming in, there
6 was pretty much a net decrease in the traffic
7 that was going to be out there. We didn't find
8 any significant concern with that.
9 We did identify some striping changes
10 that we had requested to be proposed on Unity
11 Place. I did talk to the Town Engineer about
12 that. I will summarize that conversation and
13 forward that to your office.
14 To the extent we had suggested
15 providing opportunities for a cross access to the
16 lot that is remaining to the south on Unity
17 Place, particularly because that lot has more
18 probably limited sight distance as you go further
19 south around the curve, we thought a shared
20 driveway would serve both of those projects more
21 concisely.
22 That was pretty much the extent of our
23 major comments.
24 CHAIRMAN EWASUTYN: I think it would be
25 unfair at this point to discuss the drainage 1 RAM HOTELS, INC. 74
2 study that Mr. Bazydlo worked on because you
3 haven't had an opportunity to look at it.
4 MR. HINES: We'll look at the
5 information submitted, as we do with all public
6 hearing comments, and work with the applicant's
7 representative on any of those that we find are
8 substantive and may or may not need to be
9 addressed.
10 We have reviewed the project and the
11 various details associated with it on numerous
12 occasions and provided comments to the
13 applicant's representative. The applicant's
14 representative has responded to each of those.
15 The only outstanding items we have
16 right now are a final coordination with the Code
17 Compliance Office regarding the location of the
18 fire hydrants for the fire protection system, a
19 City of Newburgh flow acceptance letter is
20 outstanding for the site.
21 The Board is limited in what actions it
22 can take this evening. Per the agreement with
23 the City of Newburgh, no final action can be
24 taken until that City of Newburgh flow acceptance
25 letter is in the Planning Board's hands. 1 RAM HOTELS, INC. 75
2 There is a requirement for the Health
3 Department to approve the water main extensions
4 for water mains which contain hydrants. That
5 will be a condition to be provided.
6 We do concur that this stream does flow
7 in a northerly direction and is not tributary to
8 Washington Lake, the City of Newburgh's water
9 supply. This goes to the Quassaick Creek and
10 down gradient from there.
11 Otherwise our previous comments have
12 been addressed.
13 CHAIRMAN EWASUTYN: Jerry Canfield,
14 Code Compliance?
15 MR. CANFIELD: Our previous comments at
16 the last meeting have also been addressed with
17 respect to detail.
18 I do have a proposed location for the
19 hydrants that I can get with Mr. Marshall on.
20 One question I have for Mr. Marshall is
21 one of the questions of detail that we have was
22 the domestic supply is still listed as a two-inch
23 K copper. Is that correct or --
24 MR. MARSHALL: That's our preliminary.
25 We need to correspond with the architect on that 1 RAM HOTELS, INC. 76
2 to determine an exact size.
3 MR. CANFIELD: See what the demand is.
4 Okay.
5 That's all I have.
6 CHAIRMAN EWASUTYN: Comments from Board
7 Members. John Ward?
8 MR. WARD: The previous project with
9 the car dealership with the traffic study,
10 correct me if I'm wrong, I think there was
11 supposed to be an entrance going out to 17K by
12 Shortline. That was washed off the table.
13 That's why it triggered a traffic study.
14 MR. WERSTED: Correct. There was an
15 access in between different parts of that site
16 that accessed 17K directly. I'll have to go back
17 to those notes. I can't remember if there was a
18 left turn allowed out there or just a left turn
19 in and a right turn out. I'd have to pull my
20 notes from that project.
21 MR. WARD: Thank you.
22 CHAIRMAN EWASUTYN: Dave Dominick?
23 MR. DOMINICK: Larry, you did say
24 you're in contact with FAA waiting for the
25 approval? 1 RAM HOTELS, INC. 77
2 MR. MARSHALL: We received their
3 comments back. We provided a letter to the
4 Board. They said that no further action was
5 necessary.
6 MR. DOMINICK: No lighting on top?
7 MR. MARSHALL: No lighting, nothing.
8 Despite the height, the site is very low. We're
9 actually significantly lower in elevation to the
10 back of the building than many of the other
11 buildings, including Restaurant Depot, the
12 Finkelstein/Time Warner Cable building and
13 several other of the sites that are along 17K. I
14 can provide an additional copy to the Board,
15 that's not a problem. We submitted that as part
16 of the ZBA application. That was raised during
17 that time. FAA came back with no comments.
18 MR. DOMINICK: Thank you.
19 CHAIRMAN EWASUTYN: Ken Mennerich?
20 MR. MENNERICH: Larry, has the Army
21 Corp indicated when they're going to review your
22 site?
23 MR. MARSHALL: They have not. Not yet.
24 With the pre-construction notification, upon
25 submission the Army Corp of Engineers is under a 1 RAM HOTELS, INC. 78
2 deadline of 45 days to review and comment. Not
3 indicating that that would be the case here, but
4 under small disturbances similar to this Army
5 Corp will often just not respond and issue the
6 approval as a -- or issue the pre-construction
7 notification in that manner.
8 MR. HINES: It's a default approval
9 after 45 days.
10 MR. MARSHALL: We can't force them to
11 respond but they have 45 days to do so.
12 MR. MENNERICH: Thanks.
13 CHAIRMAN EWASUTYN: Stephanie DeLuca?
14 MS. DeLUCA: No. No comment.
15 MR. GALLI: How many days has it been
16 Larry, do you know?
17 MR. MARSHALL: I would have to check
18 with the environmental consultant to see when it
19 was submitted. I can provide the Board with the
20 submission documentation for your records.
21 MR. GALLI: We've been reviewing this
22 project quite a few months now. Pat Hines, our
23 consultant, I think has done a good job on
24 bringing out all the details that we need.
25 Getting the last minute report, I just think it's 1 RAM HOTELS, INC. 79
2 a ploy to hold the project up.
3 CHAIRMAN EWASUTYN: Additional comments
4 from the public?
5 MR. BAZYDLO: One other comment. Mr.
6 Marshall did make the comment here now that the
7 bar and the restaurant areas are intended for
8 hotel use only. How they can control that I'm
9 not sure. Beyond that, there's still a 96 seat
10 ballroom, and I forget the number on the meeting
11 room. Those certainly would be or could be used
12 by non-occupants of the hotel. So I still think
13 there's an issue there about adequate parking.
14 CHAIRMAN EWASUTYN: Mike Donnelly?
15 MR. DONNELLY: Two matters. One is
16 because we don't have a flow acceptance letter
17 you can't take action tonight.
18 It may be, Larry, worth your while,
19 given Mr. Bazydlo has raised the possibility of
20 impacts from the other lot being a cumulative
21 impact, I think the one that would be most easily
22 addressed is traffic. I would recommend that you
23 make some attempt to specify a use that's allowed
24 in that zoning district and provide the Board
25 with projections of what a traffic flow from that 1 RAM HOTELS, INC. 80
2 use would be, and also to provide them to Ken
3 Wersted. We can superimpose those on the other
4 traffic studies we have in the area to see if
5 there's any potential difficulty there. I think
6 it's an easy enough exercise, can be done
7 quickly, and we can't take action tonight anyway.
8 The other issue is do you wish to leave
9 the public hearing open. If more information is
10 going to be provided by the applicant or your
11 consultants, do you want to, since you can't take
12 action now anyway, announce a continuation date
13 and allow further comments from the public after
14 those materials are provided? You wouldn't have
15 to re-notice it in the newspaper. You would
16 announce a time and a date for the continuation
17 of the hearing if you thought it was appropriate.
18 CHAIRMAN EWASUTYN: I'll poll the Board
19 Members. Frank Galli?
20 MR. GALLI: No. It's been at the
21 Zoning Board already, it's been here. We had one
22 person speak at both.
23 CHAIRMAN EWASUTYN: Stephanie DeLuca?
24 MS. DeLUCA: I'd like to keep it open.
25 CHAIRMAN EWASUTYN: Ken Mennerich? 1 RAM HOTELS, INC. 81
2 MR. MENNERICH: No.
3 MR. DOMINICK: No.
4 MR. WARD: No.
5 CHAIRMAN EWASUTYN: Myself no.
6 Let the record show that the majority
7 of the Planning Board Members decided not to keep
8 the public hearing open.
9 The Planning Board will seek the advice
10 of Counsel, Mike Donnelly, to have an additional
11 traffic study done based upon the potential use
12 of the adjoining property based upon the bulk
13 requirements of the use for that zone.
14 MR. MARSHALL: We'll prepare that.
15 MR. BAZYDLO: If I could just comment,
16 Mr. Chairman, quickly. If the Board is going to
17 ask the applicant to produce additional
18 information, I think you're obligated to allow
19 the public to be able to comment on that.
20 MR. DONNELLY: My own view is it's
21 always a give and take after the public has
22 brought issues and matters to the attention of
23 the Planning Board for the Planning Board to seek
24 further input from the applicant. It's not a
25 requirement that the public be given an 1 RAM HOTELS, INC. 82
2 opportunity at every iteration of the plans to
3 comment further.
4 MR. BAZYDLO: If you're not going to
5 keep the public hearing open, I'll probably
6 supply a letter. I would hope -- I'm sure you
7 will read the letter.
8 MR. DOMINICK: In ample time or the
9 night before?
10 MR. BAZYDLO: We'll have to see how
11 soon the information comes.
12 MR. DOMINICK: Hopefully in time.
13 CHAIRMAN EWASUTYN: I respect you. I
14 was just saying that because if there's one thing
15 that I always found interesting about public
16 hearings was how we're a really active Board.
17 Generally speaking, the Friday before that
18 Thursday night meeting, the way we have our
19 meeting is we like to receive comments so we have
20 the opportunity to review them, so we can listen
21 to you, you can listen to us and it will be an
22 intelligent conversation. You're very good at
23 what you do and I admire you for your work. I
24 do, Charlie.
25 MR. BAZYDLO: Okay. Thanks. 1 RAM HOTELS, INC. 83
2 CHAIRMAN EWASUTYN: From what I
3 understand, you are also an engineer.
4 MR. BAZYDLO: Yes.
5 CHAIRMAN EWASUTYN: Thank you.
6 MR. BAZYDLO: Don't hold that against
7 me.
8 MR. DONNELLY: You denied it earlier.
9 MR. BAZYDLO: I said I couldn't do
10 math.
11 CHAIRMAN EWASUTYN: I'll move for a
12 motion to close the public hearing on the RAM
13 Hotel located on Unity Place, being presented
14 this evening by Larry Marshall.
15 MR. GALLI: So moved.
16 MR. DOMINICK: Second.
17 CHAIRMAN EWASUTYN: I have a motion by
18 Frank Galli. I have a second by Dave Dominick.
19 I'll ask for a roll call vote starting with Frank
20 Galli.
21 MR. GALLI: Aye.
22 MS. DeLUCA: Aye.
23 MR. MENNERICH: Aye.
24 MR. DOMINICK: Aye.
25 MR. WARD: Aye. 1 RAM HOTELS, INC. 84
2 CHAIRMAN EWASUTYN: Aye. Thank you.
3 MR. MARSHALL: Would it be possible for
4 you to send me a copy of Charlie's comments?
5 MR. HINES: Yes.
6
7 (Time noted: 8:18 p.m.)
8
9 C E R T I F I C A T I O N
10
11 I, MICHELLE CONERO, a Notary Public
12 for and within the State of New York, do hereby
13 certify:
14 That hereinbefore set forth is a
15 true record of the proceedings.
16 I further certify that I am not
17 related to any of the parties to this proceeding by
18 blood or by marriage and that I am in no way
19 interested in the outcome of this matter.
20 IN WITNESS WHEREOF, I have hereunto
21 set my hand this 11th day of May 2017.
22
23
24 ______MICHELLE CONERO 25 1 85
2 STATE OF NEW YORK : COUNTY OF ORANGE TOWN OF NEWBURGH PLANNING BOARD 3 ------X In the Matter of 4
5 U.S. CRANE & RIGGING (2016-14) 6 18 Route 17K 7 Section 97; Block 1; Lot 21.2 IB Zone 8 ------X 9 PUBLIC HEARING 10 Date: April 20, 2017 11 Time: 8:19 p.m. Place: Town of Newburgh 12 Town Hall 1496 Route 300 13 Newburgh, NY 12550
14 BOARD MEMBERS: JOHN P. EWASUTYN, Chairman 15 FRANK S. GALLI STEPHANIE DELUCA 16 KENNETH MENNERICH DAVID DOMINICK 17 JOHN A. WARD
18 ALSO PRESENT: MICHAEL H. DONNELLY, ESQ. 19 PATRICK HINES GERALD CANFIELD 20 KENNETH WERSTED
21 APPLICANT'S REPRESENTATIVE: ANDREW FETHERSTON 22 LARRY WOLINSKY ------X 23 MICHELLE L. CONERO 10 Westview Drive 24 Wallkill, New York 12589 (845)895-3018 25 1 U.S. CRANE & RIGGING 86
2 CHAIRMAN EWASUTYN: The seventh and
3 last item of business this evening is U.S. Crane
4 & Rigging. It's located on Route 17K in an IB
5 Zone. It's here for a public hearing. It's
6 being represented by Andrew Fetherston of Maser
7 Engineering.
8 At this point I'll turn the meeting
9 over to Ken Mennerich.
10 MR. MENNERICH: "Notice of hearing,
11 Town of Newburgh Planning Board. Please take
12 notice that the Planning Board of the Town of
13 Newburgh, Orange County, New York will hold a
14 public hearing pursuant to Section 276 of the
15 Town Law and Chapter 83 of the Town of Newburgh
16 Code on the application of U.S. Crane & Rigging,
17 LLC, project 2016-14, for an amended site plan.
18 The applicant proposes to amend an existing site
19 plan to incorporate a large equipment/crane
20 storage and repair facility. The applicant
21 proposes to construct a new 66,125 square foot
22 building for altering and fabricating steel. An
23 existing vehicle wash facility on the site will
24 be utilized as well as an existing garage for
25 parking of cranes, rigging and elevators. The 1 U.S. CRANE & RIGGING 87
2 project will utilize existing paved surface to
3 park construction vehicles, cranes and trailers
4 associated with the applicant's use. Access to
5 the site will be via the existing site access off
6 of Route -- New York State Route 17K with an
7 emergency access only provided from Stewart
8 Avenue. The project is located on an existing
9 97.9 acre parcel of property located in the IB
10 Zone with a proposed LHI Overlay. The premises
11 is located at 18 Route 17K in the Town of
12 Newburgh, designated on Town tax maps as
13 Section 97, Block 1, Lot 21.2. Said hearing
14 will be held on the 20th day of April 2017 at
15 the Town Hall Meeting Room, 1496 Route 300,
16 Newburgh, New York at 7 p.m. at which time
17 all interested persons will be given an
18 opportunity to be heard. By order of the
19 Town of Newburgh Planning Board. John P.
20 Ewasutyn, Chairman, Planning Board Town of
21 Newburgh. Dated 28 March 2017."
22 CHAIRMAN EWASUTYN: Do you have a card
23 for the Stenographer?
24 MR. WOLINSKY: I'll bet the
25 Stenographer knows me. 1 U.S. CRANE & RIGGING 88
2 For the record, Larry Wolinsky. I'm
3 from the law firm of Jacobowitz & Gubitz
4 representing U.S. Crane.
5 Very quickly, I just want to advise the
6 Board, which the Board I'm sure is aware of but
7 the public might not be, we sent a letter
8 withdrawing the component of this application
9 that implicated the LHI zoning overlay. The uses
10 that were proposed for this project that
11 triggered the need for that are no longer being
12 proposed. I thought that it was important to
13 clarify that right at the outset this evening.
14 I also just want to introduce folks who
15 may be participating tonight. Tim McColgan who
16 is counsel for U.S. Crane; Andrew you know,
17 Andrew Fetherston, an engineer; Art Seckler, the
18 architect.
19 Without further ado, I'm going to turn
20 it over to Andrew who will be doing a brief
21 presentation.
22 MR. DONNELLY: Larry, could you just be
23 more specific as to what aspects are withdrawn
24 and which remain for the benefit of the public?
25 MR. WOLINSKY: Yes. We're withdrawing 1 U.S. CRANE & RIGGING 89
2 anything to do with repair or maintenance of
3 cranes on the project site.
4 MR. DONNELLY: And what remains is?
5 MR. WOLINSKY: What remains essentially
6 is the fabrication of steel in the proposed new
7 building.
8 MR. GALLI: Mike, what about storage of
9 cranes? Is that still proposed?
10 MR. DONNELLY: I don't think there are
11 going to be any cranes on site at this point.
12 MR. WOLINSKY: Storage of cranes is not
13 proposed at this time.
14 MR. FETHERSTON: Good evening, Mr.
15 Chairman. The public notice was very thorough,
16 it read most of my notes.
17 Just briefly, a 97 acre parcel.
18 Approximately 25 acres of that parcel is the
19 pavement, the paved area for what is right now
20 the Auto Auction property. Frontage on Route
21 17K, Stewart Avenue and also on Tarr Road on the
22 west side. The main entrance from Route 17K is
23 going to be utilized, and also the emergency
24 access, as was stated, from Stewart Avenue.
25 The site has previously been developed 1 U.S. CRANE & RIGGING 90
2 with a large commercial garage structure that the
3 Auto Auction used to use. A car wash is also on
4 the site. There are some guard booths scattered
5 about the site. The large expanses of pavement
6 for the vehicle storage.
7 The site is in the IB Zoning District.
8 That's Interchange Business. We're taking away
9 the LHI overlay that we were seeking previously.
10 We're proposing an as-of-right use subject to the
11 site plan review by the Planning Board.
12 The zoning table, it's under number 8,
13 manufacturing, altering, fabricating, processing
14 products or materials involving the use of only
15 oil, gas or electricity for fuel. The accessory
16 uses include number 4 in that same table.
17 Off-street parking is required for the
18 principal use which is the fabrication building,
19 parking for the employees.
20 Truck loading facilities. The loading
21 and unloading of steel will primarily be done
22 inside of the building. The building, as will be
23 demonstrated by the architect, is that there's
24 cranes that will travel from the long end of the
25 building, from one end to the other, pick up the 1 U.S. CRANE & RIGGING 91
2 steel and place it on the trucks and moving it
3 around for their operations.
4 Car washes are also permitted. It's
5 already there.
6 The storage areas for motor vehicle
7 dealerships for storage of vehicles without
8 relationship to normal parking standards. That's
9 that accessory for the Auto Auction that's been
10 going on for many years.
11 The proposal is a 62,100 square foot
12 building for altering and fabricating structural
13 steel. There's an associated 4,000 square foot
14 office on the southwest corner of that building.
15 We're proposing to re-utilize that car wash
16 building. Currently when we're withdrawing the
17 cranes, we're withdrawing the maintenance of the
18 cranes for this site. We're not proposing any
19 use whatsoever for that garage building now.
20 That will remain vacant.
21 The hours of operation are 7 to 5.
22 We are connecting up to the water,
23 sewer and drainage that are already on or
24 adjacent to the site. We had Sullivan Fire
25 Prevention out the other day and they ran hydrant 1 U.S. CRANE & RIGGING 92
2 tests. There's more than adequate water for the
3 use of the site, which is primarily flushing
4 toilets and sinks. There's no big water use
5 going on on the site.
6 We also received a negative declaration
7 from the Planning Board previously for this use.
8 I'd like to turn it over to the
9 architect.
10 Public notices, 124 went out and 4 were
11 returned.
12 MR. SECKLER: Mr. Chairman, Members of
13 the Board, good evening. Arthur Seckler, partner
14 with Lothrop Associates, architects.
15 As Andrew described to the Board, the
16 proposed building is a pre-engineered building
17 measuring roughly 345 feet in length and 184 in
18 width. It's a total structure of 62,100 square
19 feet with an appendage on the southwest corner of
20 the building which would accommodate the office
21 functions of the fabrication shop.
22 There will be three overhead doors on
23 the easterly elevation of the building and then
24 two overhead doors on the north elevation of the
25 building. 1 U.S. CRANE & RIGGING 93
2 There will be three primary bays in the
3 building. As Mr. Fetherston explained, there
4 will be an overhead crane system that transports
5 the steel, the raw steel as well as the
6 fabricated steel, within the building. They will
7 traverse through these bays from one end of the
8 building to the other. Steel will come in, be
9 loaded onto trucks and then leave through the
10 doors on the north elevation of the building.
11 The elevational difference between the
12 floor of this building and the office is
13 approximately eleven feet. With the grading, at
14 this corner we're at grade. The grade comes up
15 along the south edge of the building. This back
16 corner of the building is about eleven feet below
17 grade at that corner, and then along the north
18 elevation it's above grade.
19 It is a pre-engineered building, as I
20 explained. It will be metal panels that will run
21 horizontally. They are varying colors. I do
22 have a rendering that I'd like show you. There's
23 a random pattern of windows or translucent panels
24 that will sprinkle the elevation.
25 The office portion will be a glass 1 U.S. CRANE & RIGGING 94
2 curtain wall with some accent stone.
3 The overhead doors, again as I
4 explained, would be along that east elevation of
5 the building. On the north side, the two overhead
6 doors I explained.
7 The siding. Horizontal siding would
8 continue all the way around the building, and
9 then this would be the west elevation of the
10 building.
11 As I explained, there would be three
12 main bays and the overhead cranes would traverse
13 the building.
14 If the Board has any questions, I'd be
15 happy to answer them.
16 CHAIRMAN EWASUTYN: Do you have a color
17 rendering to put up?
18 MR. SECKLER: I'm sorry. Yes. So it's
19 a series of varying shades of blue and white
20 colors that would have a horizontal pattern to
21 break up the facade. We don't want one large
22 color so it looks like a large mass. We're
23 trying to break up the facade.
24 CHAIRMAN EWASUTYN: Are you done with
25 your presentation? 1 U.S. CRANE & RIGGING 95
2 MR. FETHERSTON: Yes.
3 CHAIRMAN EWASUTYN: As Mike Donnelly
4 had said earlier in the meeting, for those of you
5 who have any questions or comments, please give
6 your name and your address. Raise your hand.
7 The lady in the back.
8 MS. MARTINI: My name is Carolyn
9 Martini, C-A-R-O-L-Y-N, Martini like the drink,
10 M-A-R-T-I-N-I. I am a business owner at 26 Route
11 17K. The building is adjacent to the proposed
12 project.
13 I have a petition on behalf of some of
14 the residents and business owners in the area who
15 have signed some concerns about the project. I'd
16 like to read it into the record to all the Board
17 Members and to Members of the Planning Board,
18 Chairman and to the public if I may.
19 "We are the residents, owners of homes
20 and businesses located immediately adjacent to
21 the proposed U.S. Crane project. The site plan
22 approval of a crane fabrication building so close
23 to our property lines would have a devastating
24 affect on our lives, businesses and property
25 values. At your March 16, 2017 Planning Board 1 U.S. CRANE & RIGGING 96
2 meeting the project engineer stated that the
3 properties located on Route 17K are not
4 residences. This is untrue and a blatant
5 misrepresentation. There are both residences and
6 professional offices. There's a law office, a
7 psychotherapist, a real estate broker and an
8 insurance agent mere feet away from this 66,000
9 plus square foot proposed crane fabrication
10 building. The clanging and banging of steel and
11 the noise and pollution from the oversized crane
12 trucks in our backyards would destroy our homes
13 and professional businesses. This noise and
14 pollution would commence in the early morning
15 hours and continue through the evening. At last
16 month's Planning Board meeting several astute
17 Planning Board Members inquired about the noise.
18 For example, Board Member Browne asked has there
19 been a study on your part as to how much sound
20 attenuation is required to reduce the noise that
21 would be produced. The applicant's consultant,
22 Mr. Seckler, responded no, we have not done that
23 analysis. In fact, it appears that a noise study
24 regarding the sound levels to the surrounding
25 properties was never conducted. At a minimum, a 1 U.S. CRANE & RIGGING 97
2 noise study should be conducted. Without such a
3 study the Planning Board can not knowingly and
4 intelligently address the sound abatement
5 measures which must be implemented to protect the
6 surrounding residents, property owners and
7 businesses. Failure to require such a study
8 would not only be arbitrary and capricious but
9 irrational. The applicant wants to introduce
10 noisy industrial work commencing at early morning
11 hours in the backyards of residences and
12 professional offices. How would you like to be
13 awakened to the sound of clanging steel beams and
14 rumbling diesel crane trucks at 5 or 6 a.m. every
15 morning? Imagine living next to a permanent
16 construction site mere feet away from your home
17 or business. The applicant has approximately 100
18 acres of land and should not be allowed to place
19 a 66,000 plus square foot crane fabrication
20 building with multiple crane truck bays
21 immediately adjacent to our properties. The
22 crane fabrication building should be situated
23 further away from our properties. The applicant
24 may complain that much of it's property is low
25 lying, however this is not an excuse to allow the 1 U.S. CRANE & RIGGING 98
2 applicant to destroy the value of our properties
3 by constructing it's main building and loading
4 area on the edge of our properties. It is noted
5 that there are large existing buildings located
6 toward the center of the applicant's property.
7 These buildings have been there for several years
8 and have never created a disturbance for us. Now
9 the applicant wants to place it's noisiest
10 operation not in the center of it's property away
11 from residents but immediately adjacent to our
12 backyards. If permitted this would result in a
13 de facto taking of our properties and businesses.
14 To add insult to injury, the applicant has failed
15 to even include noise barrier walls between their
16 property and ours. No one would dispute that
17 people should be able to sleep and live in
18 relative peace. Further, a calm, quiet
19 environment is required for professional
20 businesses like the law office, a
21 psychotherapist, a real estate broker and
22 insurance agent. We have peacefully lived and
23 worked here for decades. Allowing this crane
24 project to go forward without significant changes
25 in the proposed site plan would destroy us. 1 U.S. CRANE & RIGGING 99
2 Please don't do to us what you wouldn't want done
3 to you." Thank you. Respectfully by Jude T.
4 Martini, owner of 26 Route 17K; Myself, Carolyn
5 Martini, business owner of 26 Route 17K; Sue
6 Acosta, business owner of 26 Route 17K; Wyatt
7 Savage, business owner of 24 Route 17K; Annie
8 Ryan, 15 Bellevue Road; Kenneth Ryan of 15
9 Bellevue in Newburgh; Margaret DePuy, 10 Bellevue
10 Road in Newburgh; Belinda Wild of 6 Boulder Road
11 in Newburgh. Signed also by Michelle Cox of 6
12 Putnam Street in Newburgh. Signed by William
13 Lombardo of 28 Route 17K and by Mary Clifford,
14 owner of 30 and 28 Route 17K who is also a
15 business owner adjacent to the proposed project.
16 Thank you for your time.
17 CHAIRMAN EWASUTYN: Do you want to
18 submit a copy of that for the record?
19 MS. MARTINI: Yes. I'll give you the
20 original and I'll submit a copy to everybody.
21 Thank you.
22 CHAIRMAN EWASUTYN: Andrew, Larry,
23 would you like to respond to that?
24 MR. WOLINSKY: I'll comment on the
25 noise analysis. We actually have done a noise 1 U.S. CRANE & RIGGING 100
2 analysis. The noise analysis that we originally
3 contemplated and that was prepared was while the
4 LHI was still pending. We've just recently
5 withdrawn that component. We've asked that the
6 noise analysis be re-done. It was actually
7 completed very late today. If I would have
8 handed anything to you tonight I would have wound
9 up like Charlie Bazydlo. I did not want that to
10 happen.
11 Quite honestly, we have to go through
12 it and just vet it and make sure it is accurate,
13 et cetera. If that noise analysis winds up
14 recommending mitigation, we'll install the
15 mitigation.
16 I think Andrew -- the Board had some
17 ideas last month about plan revisions with the
18 building that Andrew will address for you.
19 I'm happy to get you additional -- the
20 noise analysis that's been requested, we're happy
21 to get that to you.
22 MR. FETHERSTON: There's the noise
23 analysis. It does incorporate the crane
24 component. It's not accurate any longer.
25 However, what the analysis was proposing with the 1 U.S. CRANE & RIGGING 101
2 crane component was the noise barrier on the
3 south of the building and on the west side of the
4 building. We're proposing a short segment on
5 this side and a short segment on this side. That
6 was all that was suggested, in addition to
7 specifying the specific type of interior sound
8 insulated panel for the building for the
9 architect to incorporate into his design.
10 What we've proposed is a building that
11 stays outside of the floodplain. We've stated
12 that to the Board a number of times, that the
13 floodplain line actually traverses our property
14 and renders it difficult to stay out of. This is
15 the existing floodplain on the site. These two
16 existing buildings that the neighbor was speaking
17 about are both inside floodplains. That's why we
18 didn't propose the building there. The building
19 is in an area that's up high. The building is
20 inside the setbacks, it requires no zoning
21 variances and is in an industrial zone.
22 What we talked about with the Board at
23 our last appearance and what we have not brought
24 to the Board tonight because I did not submit
25 that yet is that we did -- I told the Board we 1 U.S. CRANE & RIGGING 102
2 could move the building. I told you that and I
3 did do it. That's what you're going to see on
4 the next submittal, in addition to responses to
5 the engineer's comments and the sound attenuating
6 devices which will be on a submission -- a
7 subsequent plan. We told you we were going to do
8 it and that's what we've done.
9 CHAIRMAN EWASUTYN: Thank you.
10 The gentleman in the back.
11 MR. MARTINI: Good evening. My name is
12 Jude Martini, J-U-D-E, like the song,
13 M-A-R-T-I-N-I.
14 I believe that, Mr. Fetherston, you
15 said it's an industrial zone. My understanding
16 is it's an interchange business zone, it's not
17 industrial.
18 With respect to the Board, Mr.
19 Chairman, Members of this honorable Board, I'm
20 the owner of 26 Route 17K, Town of Newburgh, New
21 York. As you know, site plan review is required
22 in order to ensure that proposed development and
23 use of land within the Town of Newburgh will have
24 a harmonious relationship with the existing or
25 permitted use of contiguous land and of adjacent 1 U.S. CRANE & RIGGING 103
2 neighborhoods, and to ensure that the health,
3 safety, welfare, comfort and convenience of the
4 public is fully considered.
5 26 Route 17K is an existing
6 professional office building which I have owned
7 for about twenty years. My property is
8 contiguous to the proposed crane project. In
9 fact, the proposed crane fabrication building and
10 truck loading bays would be just feet from my
11 professional office building, virtually in my
12 backyard.
13 As the bordering property owner I'm
14 very concerned about the noise and the vibration
15 from the fabrication of huge steel tower cranes.
16 I'm also concerned about the noise and pollution
17 from tractor trailer deliveries of steel and
18 other materials. This is all in addition to the
19 crane trucks themselves.
20 Our Town Engineer asked the applicant
21 how many employees and truck deliveries are
22 expected on a typical day. The applicant
23 responded that, and I quote, the initial
24 estimates for employees are thirty people working
25 a single shift. Cranes or tractor trailers with 1 U.S. CRANE & RIGGING 104
2 crane parts normally leave the site early in the
3 morning to miss rush hour. A typical crane setup
4 could take ten or more tractor trailers to erect.
5 A typical operation would include four tractor
6 trailers leaving the site in one day to provide
7 the necessary materials to begin building a
8 crane. Similarly, when these tower cranes return
9 to the site, they're disassembled and loaded on
10 trucks which would return to the site in
11 staggered increments. Truck cranes stored at the
12 site could also be called upon periodically and
13 normally would require a flatbed vehicle to
14 follow this type crane with counter weights and
15 other equipment. At most, three or four
16 deliveries of steel would be anticipated any
17 given day. Parts, Federal Express, UPS, garbage
18 trucks would also make deliveries and pick ups at
19 the site.
20 The proposed site plan allows the
21 noisiest part of this applicant's operation to be
22 placed right on the edge of the property. The
23 applicant has approximately 100 acres of
24 property. The crane fabrication building and
25 truck loading bays should be pushed back as far 1 U.S. CRANE & RIGGING 105
2 away from the property line as possible.
3 Further, a noise barrier wall should be required
4 to mitigate the noise being generated by the
5 applicant. With all due respect, the proposed
6 vinyl fence is not going to safeguard the
7 neighbors from this applicant's noise. It's like
8 placing a Band-Aid on a shotgun wound.
9 At last month's Planning Board meeting
10 the applicant admitted that it had not done any
11 analysis of the noise it would be operating --
12 generating. The Board should require a
13 professionally engineered noise shielding wall to
14 protect the adjoining residents and property
15 owners.
16 I thank you all for your attention.
17 CHAIRMAN EWASUTYN: Some of the
18 information that Jude Martini spoke about, is
19 that still on the table based upon the change of
20 use or the use of the property? Can you speak on
21 that perhaps so we could take some of that off
22 the table as far as being a potential issue?
23 MR. FETHERSTON: Right. I think as
24 Larry had stated, there are going to be no cranes
25 on this site. No trailers with tower crane 1 U.S. CRANE & RIGGING 106
2 parts, no crane weights, no accessory vehicles to
3 cranes. Nothing to do with cranes on this site.
4 The fabrication in that building is
5 for structural steel for buildings and bridges.
6 It's not building cranes. It's not fabricating
7 cranes in any way. The client owns cranes at
8 other locations. They're not going to be here
9 given the current situation.
10 Just a couple of other things that were
11 mentioned. There are no loading docks, no
12 loading bays on this facility whatsoever. All of
13 the loading is being done inside of that
14 building. Crane trailers, nothing like that is
15 proposed.
16 As I stated, the building is inside of
17 the setbacks but on the plan, which is
18 forthcoming, which I will be submitting at latest
19 next week to this Board and to your consultants,
20 I've taken this building and I've moved it from
21 an old dimension off of the property line of 41
22 feet, we were able to move it back 20 feet which
23 I told the Board I would. Now I'm at 61 feet
24 behind the setback which only requires 30 feet.
25 We're more than double that setback now. 1 U.S. CRANE & RIGGING 107
2 CHAIRMAN EWASUTYN: Can we discuss --
3 you had mentioned, I believe the gentleman's name
4 is Jude Martini, had discussed a noise barrier,
5 what you were originally proposing when -- I
6 think her name was Carolyn Martini spoke about
7 something very similar. Can you give us a little
8 bit more detail as to at this moment or when you
9 did speak of it, what you were thinking of?
10 MR. FETHERSTON: We did have
11 professionally done by Phil Grealy, Ph.D., PE did
12 our noise study, but he had incorporated the
13 cranes. I didn't give him that change because it
14 happened too late. So what Phil is suggesting
15 with the cranes, there will be some modification
16 to this. A specific thermal safe panel which has
17 an STC rating of 31. That's to deaden sound.
18 He's suggesting a higher level of insulation than
19 what was originally specified. The new building
20 itself should also act as a partial sound barrier
21 from the existing activities on the eastern
22 portion of the site. The former auto body fellow
23 up here is now a granite shop, but that's up on a
24 high. That's up on a knoll, maybe 15 feet or
25 almost 20 feet above the remainder of the 1 U.S. CRANE & RIGGING 108
2 facility. So he's up high. Then you have his
3 building, then you're going to have our building.
4 So there's going to be a pretty sufficient
5 barrier against sound. We don't have any doors
6 for these vehicles coming in and out or a source
7 for the noise to get out of the building on the
8 south or on the west side. This is the side
9 where Stewart Avenue is and the residential
10 neighborhood. This is the side with those
11 businesses and supposedly some residents that
12 could be inside of those businesses as well, as
13 was stated by the neighbor. Along the southerly
14 property line a noise barrier should provided.
15 It hasn't been designed yet. It was never shown
16 on our plans. We never had anything of a sound
17 barrier. Now it will be designed because it's
18 being recommended in the noise study. Those two
19 locations are -- those two locations are on the
20 west side here because the noise they thought
21 could come out in this direction and also in this
22 vicinity. However, there's plenty of room for
23 that because we now picked up 20 feet of space.
24 This building is 20 foot north now.
25 I've got a landscape planting plan on 1 U.S. CRANE & RIGGING 109
2 the next plan that I'm going to be submitting to
3 the Board, and will also design that sound wall
4 in that location exactly as specified in this
5 noise study.
6 CHAIRMAN EWASUTYN: Okay. Additional
7 -- what I'd like to do, sir, is give everyone the
8 opportunity to speak, otherwise then there isn't
9 a balance to the meeting.
10 MR. MARTINI: Yes, Mr. Chairman.
11 CHAIRMAN EWASUTYN: Thank you.
12 The gentleman in the back.
13 MR. CIOFFI: My name is Patrick Cioffi
14 and I live at 117 Mill Street by Leptondale
15 Elementary School.
16 With the information that has been
17 circulated about the U.S. Crane affiliated
18 businesses and their horrible track record on
19 public and worker safety, I do not feel that this
20 is the type of business that will benefit the
21 residents of Newburgh. I have some information
22 I'd like to pass out.
23 That's it for me. That's all I have to
24 say.
25 CHAIRMAN EWASUTYN: Ma'am? 1 U.S. CRANE & RIGGING 110
2 MS. CLIFFORD: Hello. I'm Mary
3 Clifford and I own 30 and 28 Route 17K. I also
4 operate Arrowhead Realtors, and I have for over
5 thirty years. My tenants are both commercial and
6 residential, and they always have been for over
7 thirty years.
8 I have an issue with the noise that
9 will come from this type of project. I don't
10 have an issue with a project, I just find that
11 this type of project is going to make it
12 difficult for me to do business as I have for
13 many years, and it's going to make it difficult
14 for my residential tenants.
15 Also, I have a bigger issue with an
16 ingress and egress off of Stewart Avenue.
17 Whether it be for an emergency ingress and egress
18 or not, one should never be permitted. If you
19 check the police records, I call 911 at least
20 twice a week, and I have for years, about
21 accidents that happen on Stewart Avenue and 17K.
22 So I would give that considerable thought. I
23 don't know if there's another place where they
24 can have it. However, I would never ever allow
25 that traffic, whether it be a small or large 1 U.S. CRANE & RIGGING 111
2 traffic amount, to go out onto 17K. Thank you.
3 CHAIRMAN EWASUTYN: Any response?
4 MR. FETHERSTON: The only other place
5 where we touch a highway that isn't either
6 topographically challenged -- like when you get
7 down past the granite fellow, it really drops off
8 into our site. It's heavily wooded and really
9 drops off steeply. I don't think we could
10 negotiate a driveway down that slope. The only
11 other place that we're touching is Route 17K out
12 at this location. The thought is that if there's
13 something that goes on on 17K and it's closed or
14 blocked off for any reason, perhaps they'd be
15 able to get in Stewart Avenue. We did have, at
16 the recommendation of the Town Board -- when we
17 were proceeding and looking into the LHI zoning
18 district, the Town Board at that time suggested
19 that we have our own public meeting with the
20 adjoining property owners. We sent out, again I
21 think it was 90 notices at that time. 20 people
22 showed up. The supervisor showed up, I think one
23 of your Board Members showed up, but the fire
24 department showed up. We had a lot of dialogue
25 with the fire department. There's a hydrant over 1 U.S. CRANE & RIGGING 112
2 here, there's a hydrant here and there's a
3 hydrant here. We just did the flow testing. We
4 had over 1,000 gallons a minute at 115 psi.
5 We're on main lines here. Firefighting is not an
6 issue. They wanted another way to get into this
7 building. As the Board knows, I originally had
8 an employee entrance over on this side when I
9 originally brought the plan before the Board. We
10 took that off after conversations with your Board
11 and with the discussions. But then we met with
12 the fire department when we had our public
13 meeting. They really were adamant about having
14 that gated opening. So that's why that's there,
15 and it's there for a very good reason. I don't
16 think it will be a source of accidents as the
17 concern is. I don't think it's going contribute
18 to that. It will allow an emergency service
19 provider to get in this way, whether 17K is
20 blocked off or not. We are fronting on Tarr Road
21 for a very long distance all on this side, on the
22 whole west side. There's ecologically sensitive
23 areas back there. We can't possibly access the
24 site through those areas. This is that steep
25 area. You wouldn't be able to negotiate a 1 U.S. CRANE & RIGGING 113
2 driveway down there that would be sufficient.
3 It's really the best place.
4 CHAIRMAN EWASUTYN: Okay. Further
5 comments from the public?
6 MR. FEDER: Bill Feder, Rockwood Drive.
7 First, a little bit of semantics. Early on in
8 this process someone took issue with the project
9 being called manufacturing. According to the Oxa
10 Dictionary, fabrication and manufacturing are
11 synonymous. So I think it's not a misnomer to
12 call it a manufacturing facility.
13 A couple of questions. The steel, when
14 it's brought in will it be sandblasted, primed
15 and painted before it's taken out?
16 MR. FETHERSTON: Do you want an answer
17 to each --
18 MR. FEDER: I'll continue. If so, are
19 there facilities to filter the air that will be
20 injected into the environment, including
21 volatiles and particulates and whatever else
22 might be a result of that?
23 What would be the length of the beams
24 that are going to be manufactured in this plant
25 and how big is that going to be coming out onto 1 U.S. CRANE & RIGGING 114
2 17K and making turns and having to close off four
3 lanes with guide vehicles to get them to the
4 highway?
5 The crane issues are gone.
6 The plant. The construction of the
7 plant, is that going to require rock removal? It
8 sounds like it will be. Is that going to be
9 blasted out? You're talking about an eleven foot
10 depression in that area there behind the houses.
11 I doubt that's all soil.
12 That in mind, when you're talking about
13 planting trees of a certain size being required,
14 is there going to be enough soil to support the
15 trees once they mature or do you need to drill
16 rock sockets to have a tree grow there?
17 The very first structure on Stewart
18 Avenue as you turn off 17K is a multi-family
19 residence. It's not a commercial business. It's
20 not a house that's across the street. It's
21 closer than anything that these people have been
22 discussing here tonight. I don't think anybody
23 is here to speak for that residence because it's
24 a rental property. They don't have a voice in
25 this whole thing. 1 U.S. CRANE & RIGGING 115
2 We talked about the noise.
3 I assume you'll have burning equipment,
4 acetylene and oxygen. Where will that be stored?
5 Will that be on a certain wall in the plant, will
6 it be large facilities, large tanks?
7 Relating back to the cranes, I assume
8 you would have fueling on site. I was going to
9 ask where you would have a fueling tank but that
10 seems like a non-issue at this point.
11 In the architectural rendering, what's
12 the nature of the siding? What is that composed
13 of? Is it vinyl, is it concrete?
14 There's no more truck maintenance or
15 equipment maintenance.
16 I think that wears out or brings up
17 enough points at this point. Thank you.
18 MR. FETHERSTON: Okay. Do you want to
19 talk to the steel?
20 MR. McCOLGAN: Timothy McColgan,
21 corporation counsel with U.S. Crane, 18 Route
22 17K, LLC.
23 The largest steel columns and beams
24 will be, at most, that is maximum, the length of
25 a trailer behind a tractor trailer. You can't 1 U.S. CRANE & RIGGING 116
2 travel without special permits on the roads,
3 especially the Thruway, going beyond the size of
4 a trailer. Most of our steel beams, however, are
5 for the erection of buildings in New York City.
6 Your columns and beams can be anywhere from
7 eight, ten, fifteen, twenty feet. None would be
8 beyond the size of a trailer.
9 MR. FEDER: You're going to build
10 bridges? Make girders for bridges?
11 MR. McCOLGAN: That would require a
12 special permit. That's not something that would
13 come along on a regular basis. That would be a
14 special project. Most of our business is the
15 erection of buildings in New York City with many
16 floors, and they have -- the sizes again are
17 eight, ten, fifteen feet.
18 With respect to Stewart Avenue, if
19 you'll remember, in the beginning we had an
20 entrance from Stewart Avenue. Taking a neighbor
21 into consideration, we took it out. So there
22 will be no truck traffic on Stewart Avenue.
23 MR. FEDER: Noise is the issue.
24 CHAIRMAN EWASUTYN: Bill, Bill. It's
25 not a debate back and forth. 1 U.S. CRANE & RIGGING 117
2 MR. FEDER: Okay.
3 MR. McCOLGAN: It's a good question.
4 All the fabrication -- the difference between
5 manufacturing and fabrication is our steel is not
6 manufactured on site, it's manufactured somewhere
7 else. The difference is the chemicals, the
8 products needed to manufacture steel will not be
9 on this site. That's why we went -- we went at
10 length to make sure that you understand that this
11 is only fabrication. It's not manufacturing. So
12 you won't have the chemicals, you won't have the
13 hot steel, you won't have that environmental
14 impact on this site. We will only be fabricating
15 steel.
16 In connection to the sandblasting,
17 et cetera, these are computerized machines.
18 The steel will run up the bays. The
19 computers are programmed. It cuts the steel.
20 Anything that occurs will not occur outside
21 the building, it will only occur inside the
22 building. The ventilation will be that
23 that's required for this type of building, a
24 steel fabrication building, because obviously
25 it has to be safe for the workers. So we're 1 U.S. CRANE & RIGGING 118
2 required to have that ventilation system
3 within this building in any event.
4 There will be welding but it will
5 done by -- again, it will be done inside the
6 building. Under the zoning rules we are able
7 to use those types of tanks inside this
8 building. Obviously you're going to have
9 safety gear, we're going to make sure the
10 ventilation is correct, we're going to make
11 sure you have experienced workers doing the
12 work.
13 The important point is nothing
14 will be going on inside this building that
15 does not fit squarely within the intended use
16 of this property, the permitted use of this
17 property.
18 MR. FETHERSTON: The only other things
19 that weren't addressed is rock removal. There's
20 no evidence of shallow bedrock here. We have not
21 yet done geo-technical work. The building needs
22 geo-technical work because there's very heavy
23 cranes going on inside of this and the loads.
24 We'll certainly be doing that.
25 Regarding soil for the trees. The 1 U.S. CRANE & RIGGING 119
2 trees are proposed to be planted on the south
3 just over the property line where we're having
4 that twenty-foot additional area that will be
5 landscaped. So that will be planted into
6 existing soil. It's not going to be excavated
7 down and we'll have a lack of soil. We don't
8 believe that's going to be a problem. A licensed
9 landscape architect in New York did those plans.
10 There is no fueling proposed on the
11 site at all. There is none now.
12 MR. SECKLER: The comment regarding the
13 exterior building materials, the primary material
14 would be a pre-finished, pre-painted, aluminum
15 composite panel. It will vary on thickness based
16 upon the STC ratings that the sound engineer will
17 require. They'll vary from two to three inches
18 in thickness and we'll have an insulation
19 component in the middle on the exterior.
20 The other components on the exterior of
21 the building will be aluminum framed, translucent
22 panels or windows to get natural light into the
23 building.
24 The roof of the building will be a
25 standing seam aluminum roof. Those are the 1 U.S. CRANE & RIGGING 120
2 primary materials on the exterior of the
3 building.
4 CHAIRMAN EWASUTYN: New comments from
5 the public, please?
6 (No response.)
7 CHAIRMAN EWASUTYN: Okay. Additional
8 comments? Jude Martini.
9 MR. MARTINI: I just have a question.
10 Mr. Fetherston, you indicated that you were going
11 to put sound walls and you took a highlighter.
12 Do you mind showing to me where that's located?
13 It's not on the submitted plans. The first time
14 I'm hearing about it is this evening.
15 MR. FETHERSTON: It's also not
16 finalized because the sound study was done for --
17 CHAIRMAN EWASUTYN: I'm going to
18 interrupt the two of you. Realizing, Larry, that
19 we don't have a report to substantiate what the
20 height may be, let's just talk about it in a
21 random sense. You're looking for some kind of
22 mitigation measure as far as sound. We're going
23 to keep it simple because I'm simple minded.
24 MR. MARTINI: I doubt that very much,
25 Mr. Chairman. 1 U.S. CRANE & RIGGING 121
2 CHAIRMAN EWASUTYN: That's why I think
3 I'm good at what I do, I really don't know a lot.
4 MR. MARTINI: I have a Brooklyn Bridge
5 if you'd like to buy it.
6 CHAIRMAN EWASUTYN: My mother said I
7 know how to manage money so I'd probably look to
8 buy it.
9 Being serious. What do you envision to
10 be a reasonable height for a sound barrier wall?
11 MR. MARTINI: Mr. Fetherston indicated
12 that they got the results today. For the record,
13 as of the last Planning Board meeting there was
14 no sound. The first time, only after comments
15 were made was that comment made. What was the
16 recommendation as far as height?
17 MR. FETHERSTON: There is no
18 recommendation yet. It's not been designed yet.
19 MR. WOLINSKY: It has to be engineered.
20 MR. MARTINI: Just so I understand,
21 where you highlighted, is it with the red pen?
22 MR. FETHERSTON: Yes.
23 MR. MARTINI: So it would cover --
24 MR. FETHERSTON: It hasn't been
25 designed yet. On the south abutting your 1 U.S. CRANE & RIGGING 122
2 property and abutting the Stewart Avenue area.
3 MR. MARTINI: So it would be tax ID
4 number 99.55, 99.56, 99.52 and 99.54 on the 17K
5 side?
6 MR. FETHERSTON: It has not been
7 designed but in that vicinity.
8 MR. MARTINI: Do they recommend it for
9 those areas?
10 MR. FETHERSTON: It has not yet been
11 designed, sir. It has not yet been engineered,
12 sir.
13 CHAIRMAN EWASUTYN: The Planning Board
14 will work on those matters based upon the design
15 results. I think what I'm --
16 MR. MARTINI: I'm at a disadvantage
17 without knowing. This is for a public hearing
18 and I'm getting told in that area. I can't
19 comment --
20 CHAIRMAN EWASUTYN: We hear your
21 concern. What I'm trying to get to a minimum as
22 to what do you see to be a reasonable height
23 based upon the engineering report on sound, based
24 upon your satisfaction of a height.
25 MR. MARTINI: I'm a simple guy, too. 1 U.S. CRANE & RIGGING 123
2 More simple than you. The height that would be
3 sufficient to mitigate the sound for the
4 residents and property owners adjacent to this
5 66,000 plus square foot building.
6 One comment if I may.
7 CHAIRMAN EWASUTYN: Please.
8 MR. MARTINI: I happened to be here, I
9 could not speak because it was not a public
10 hearing. I was here at the last Planning Board
11 meeting last month and I heard Mr. Fetherston,
12 and I have a copy of the minutes in case my
13 memory is not accurate, that they had -- they
14 could move the building thirty feet further back.
15 A gentleman, I believe it was that gentleman, I
16 believe the principal, yelled out from the back
17 of the room and said instead of thirty feet how
18 about twenty feet. So my understanding is that
19 there is some room to push the building back. At
20 least that's what I heard at the last meeting.
21 That's what the minutes --
22 CHAIRMAN EWASUTYN: What's the furthest
23 the building could be moved back?
24 MR. FETHERSTON: I think we had
25 forty-one before. We have sixty-one now. We 1 U.S. CRANE & RIGGING 124
2 were able to achieve twenty feet because we were
3 maintaining that drive aisle and some minor
4 amount of landscaping, then constructing the
5 retaining wall on the north side of that road.
6 We don't have any grading. We're not allowing a
7 slope that would take up more space. We're
8 putting a wall right there so we can shove
9 everything as far as north as possible. We've
10 got twenty feet additional.
11 CHAIRMAN EWASUTYN: We'll keep that on
12 the table for when you come back with revised
13 plans, if in fact you could increase it maybe --
14 MR. FETHERSTON: Sure.
15 CHAIRMAN EWASUTYN: -- to nearer to the
16 thirty that was spoken of as compared to the
17 twenty-one.
18 MR. FETHERSTON: Absolutely.
19 MR. MARTINI: Thank you, Mr. Chairman.
20 Thank you very much.
21 CHAIRMAN EWASUTYN: Bill.
22 MR. FEDER: Regarding special projects
23 and the length of steel, at a previous meeting, I
24 don't know if it was here or the Town Board
25 meeting, the applicant stated that he had a 1 U.S. CRANE & RIGGING 125
2 contract with the Thruway, or possibly DOT, I
3 don't recall, that he needed a place central for
4 between Buffalo and New York City to repair
5 bridges and build bridges for New York State. So
6 that's a large special project and that's not
7 just one or two pieces of long steel that are
8 going to be pulled out of that place.
9 CHAIRMAN EWASUTYN: At this point I'll
10 turn it over to our Consultants. Ken Wersted,
11 Traffic Consultant?
12 MR. WERSTED: We've reviewed the
13 project relative to the access and the site
14 circulation. A lot of that kind of goes away
15 because the crane operations are no longer on the
16 table. However, we do feel that the entrance
17 right now is significantly wide. Obviously with
18 the Auto Auction operations there are tractor
19 trailers bringing in truckloads of cars, cars on
20 trucks. We think that that entrance could be
21 narrowed to something smaller but still
22 accommodating the vehicles going in there. That
23 was our primary concern with the project.
24 That was it.
25 CHAIRMAN EWASUTYN: Do you have someone 1 U.S. CRANE & RIGGING 126
2 in your office that could, on behalf of the
3 Planning Board, review the work that Phil Grealy
4 is about to present to us, the sound study?
5 MR. WERSTED: I'd have to check. I can
6 advise you.
7 CHAIRMAN EWASUTYN: Okay. So I would
8 suggest when you have the report, along with
9 having a copy for our record, you should probably
10 have a copy given to Mark Taylor, the Town
11 Attorney for the Town. You send a copy so we can
12 have someone review that on behalf of the
13 Planning Board and the Town.
14 MR. WOLINSKY: Yeah. I mean the Town
15 is no longer taking an action.
16 CHAIRMAN EWASUTYN: I would ordinarily
17 do that.
18 MR. WOLINSKY: Absolutely. No problem.
19 CHAIRMAN EWASUTYN: Jerry Canfield,
20 Code Compliance, do you see any issues as it
21 relates to the equipment storage? How do you
22 review that under the building code and building
23 permit application?
24 MR. CANFIELD: Primarily my biggest
25 concern with this site is the use. I've heard a 1 U.S. CRANE & RIGGING 127
2 couple different things and perhaps you can
3 clarify them.
4 Are we talking about a single use per
5 the IB Zone which is use D8, fabrication only?
6 MR. FETHERSTON: Yes. Fabrication will
7 be the primary use, yes. There are accessories
8 to that.
9 MR. CANFIELD: In your presentation you
10 had mentioned mixed use including D11 which is
11 what was there, the car wash. All of that is off
12 the table? We're talking about a single use that
13 is just fabrication?
14 MR. FETHERSTON: Yes.
15 MR. CANFIELD: I have to be quite
16 frank. I have concerns with respect to being
17 able to enforce what's supposed to happen here.
18 What assurances can the Town receive, or the Code
19 Compliance Department for that matter, that the
20 use is going to be limited to exactly that,
21 fabrication only?
22 Larry, I'm sure you're aware, we have a
23 very difficult time enforcing the uses of these
24 site plans. Not only this one but others. Then
25 it costs the Town money to end up in court to try 1 U.S. CRANE & RIGGING 128
2 to get some type of enforcement and bring the
3 site back into compliance.
4 So my concern is initially, perhaps
5 help me, how are we going to be assured that this
6 will be the occupancy that's going to be there?
7 MR. FETHERSTON: I'd like to address
8 that if I could. I think you do that like you do
9 every other site plan in any municipality in the
10 United States. There are going to be notes on
11 this plan restricting the use. I think those
12 notes are going to have to be reviewed, and if
13 there is found something that is not within those
14 notes, not within the site plan approval, then
15 there's a violation. That's how it's addressed,
16 clearly.
17 MR. WOLINSKY: The only thing --
18 CHAIRMAN EWASUTYN: Michael, did you
19 raise your hand?
20 MR. DONNELLY: I made a recommendation
21 earlier during the work session and I'll repeat
22 it now. I think what would be helpful to the
23 Board and helpful to the applicant is you provide
24 us with a written narrative of exactly what is
25 going to be carried out on the site in 1 U.S. CRANE & RIGGING 129
2 description, in words, the sizes of the pieces,
3 the hours of operation, the size of the trucks
4 that come in and out, and specify what will be
5 done on the site. We will then take that
6 narrative, convert it into a map note that says
7 the same thing, and also attach it to the
8 resolution of approval and impose a condition
9 that says only the activities listed on the
10 attached narrative may be carried out without an
11 amended approval from the Planning Board. That
12 way we all understand exactly what can be done
13 and what can not be done. It's on the map, it's
14 attached to the resolution. I'm not saying
15 enforcement is easy but at least there's no
16 misunderstanding about what is and is not
17 allowed. I think that's the best we can do.
18 MR. WOLINSKY: We're happy to do that.
19 I just wanted to point out for the
20 record that when we submitted the letter to you
21 advising the withdrawal of the LHI, we
22 acknowledged expressly in that letter that if
23 there were ever to be anything else done, and it
24 triggered the requirement for site plan, we would
25 come back. 1 U.S. CRANE & RIGGING 130
2 MR. CANFIELD: If I just may. That's a
3 good point. In that letter, Larry, you mentioned
4 the use, fabrication, and it's accessory uses.
5 According to the bulk use requirement table, D8,
6 the accessory uses permitted are truck loading
7 facilities, signs, fuel tanks and swimming pools.
8 So as long as we have that understanding, that
9 that's the permitted uses that we're speaking
10 about. If you have any other accessory uses, I
11 think now would be the time to bring that forward
12 to the Board.
13 MR. DONNELLY: You can probably skip
14 the swimming pool.
15 MR. WOLINSKY: For example, the steel
16 gets loaded onto a truck. That truck may sit at
17 a location on the site before it goes off. It
18 may be a period of time. I consider the ability
19 of the truck to sit at that location for that
20 period of time before it actually heads out to be
21 an accessory parking kind of thing.
22 MR. DONNELLY: That area should be
23 shown as a staging area for that purpose and
24 delineated and marked on the site.
25 MR. WOLINSKY: Okay. You're -- okay. 1 U.S. CRANE & RIGGING 131
2 I mean -- I understand. I understand.
3 MR. DONNELLY: Only you know what you
4 want to do.
5 MR. WOLINSKY: Other than that, I don't
6 believe there is anything more that I can think
7 of or that has been expressed by the applicant in
8 terms of it's necessity at this point in time.
9 MR. SECKLER: Once we took the crane
10 business out of the site it really restricted it
11 to the fabrication. We have no objection to
12 putting a specific narrative together to better
13 lead the enforcement people and have it
14 incorporated there. We have no objection to
15 that.
16 MR. WOLINSKY: There will not be any
17 swimming pools. At least not that I'm aware of.
18 CHAIRMAN EWASUTYN: Pat Hines?
19 MR. HINES: Our previous comments from
20 the last meeting are still outstanding. We
21 haven't received a resubmission before the public
22 hearing. We are looking for those comments to be
23 addressed as well as these maps to be updated,
24 changes based on the withdrawal of the LHI,
25 things like crane and trailer parking. Those 1 U.S. CRANE & RIGGING 132
2 kinds of notes will need to be cleaned up.
3 I heard that the building is going to
4 be constructed of sound proof panels but then
5 there was also translucent panels. I'm not sure
6 how soundproof a translucent panel can be.
7 MR. SECKLER: A translucent panel is a
8 sandwich panel. It's typically the same
9 thickness as an exterior wall panel. It does
10 have an STC rating that we can provide to the
11 Board for consideration. It will be part of the
12 overall composition of that exterior wall.
13 MR. HINES: We'll be looking for that
14 when we get the report in.
15 MR. CANFIELD: Just a question on that.
16 Is that compliant with the energy code, that
17 panel?
18 MR. SECKLER: I believe it does but I
19 will confirm that.
20 MR. CANFIELD: Okay.
21 MR. HINES: A City of Newburgh flow
22 acceptance letter is outstanding and will need to
23 be provided prior to any approvals from this
24 Board.
25 There was the comment on rock removal. 1 U.S. CRANE & RIGGING 133
2 That geo-tech hasn't been performed yet. Is that
3 scheduled in the near future or can that question
4 be answered before you reappear before the Board?
5 MR. FETHERSTON: We can do it when
6 ever --
7 MR. SECKLER: We're laying out a
8 soil boring plan based on the final
9 location of the building. We don't want to
10 drill the holes. We're talking about
11 shifting the building again based on this
12 evening's discussions. Once that is
13 finalized we will be doing soil borings at
14 critical locations and providing the
15 geo-technical information to the Planning
16 Board.
17 MR. FETHERSTON: Is that a requirement
18 of site plan or is that for building --
19 MR. HINES: It's for building permit.
20 We're addressing comments from the neighbors as
21 to site plan and noise impact. I guess what I'm
22 saying is if that's not done before any potential
23 approvals, it may be a condition of approval.
24 Should an extensive amount of rock be encountered
25 that would require blasting, I think that may 1 U.S. CRANE & RIGGING 134
2 possibly re-open a SEQRA review if blasting is
3 required. Or if you'll state that blasting is
4 not at this point, it's a fairly large footprint
5 there. It could have some significant impacts.
6 It may be as easy as doing some test pits.
7 MR. FETHERSTON: That's what I was
8 thinking. It may be easier to do test pits, and
9 a lot cheaper.
10 MR. HINES: We'll be looking for the
11 plans moving the building. We did have the
12 thirty foot. We heard thirty foot earlier. I
13 questioned at the last meeting whether thirty
14 foot was practical. I guess the twenty feet is
15 possible. We'll be looking to review that.
16 Right now we're not in a position to
17 recommend any kind of an action by the Board.
18 The City of Newburgh flow acceptance letter is
19 out and I think there's going to be some
20 substantial changes to the plan.
21 CHAIRMAN EWASUTYN: Comments from Board
22 Members. Frank Galli?
23 MR. GALLI: Just a couple questions.
24 I'll throw a monkey in the wrench. If he's not
25 going to do anything else on the site, why can't 1 U.S. CRANE & RIGGING 135
2 the building be moved someplace else? You can
3 build in a floodplain zone as long as you raise
4 the building; is that correct?
5 MR. HINES: Yeah. It's not only that.
6 The Town of Newburgh adopted the 2009 floodplain
7 regulations which have some fairly onerous
8 requirements if you are going to construct in a
9 floodplain, including compensating storage and
10 some other requirements that would have to go
11 through a floodplain development permit. It
12 would involve some extensive site work to raise
13 this size building above a floodplain. I don't
14 know how far back the wetland buffer comes.
15 There's also the DEC wetland issues.
16 MR. GALLI: So basically that's the
17 only place the building can go?
18 MR. HINES: To be outside the
19 floodplain, yeah. The requirements are to raise
20 -- I believe the building has to be now two feet
21 above the floodplain elevation.
22 MR. FETHERSTON: Yes.
23 MR. HINES: It used to be one foot.
24 You may be raising the building right back up
25 where it was by the time you find out where -- 1 U.S. CRANE & RIGGING 136
2 MR. GALLI: That's fine.
3 MR. FETHERSTON: Could I jump in on
4 that?
5 MR. GALLI: No. Pat answered the
6 question. I'm happy with that.
7 The second part is the size of the
8 building. If you're only fabricating 5,10, 15,
9 20 -- say if you're fabricating 53-foot beams,
10 that's the length of a trailer, why do we need a
11 165 foot long building by 345 foot as far as for
12 fabrication?
13 UNIDENTIFIED SPEAKER: Put more people
14 to work.
15 MR. GALLI: I don't want to get nasty.
16 According to your thing here, your counsel says
17 everything is safe. I'm starting to question
18 whether it's safe or not.
19 But anyway, why do we need such a big
20 building if you're only fabricating that many
21 lengths? I've been to steel places before, a
22 fabricating one in New Paltz and a couple other
23 ones. The buildings aren't that huge. That's
24 the other question I had.
25 MR. FETHERSTON: To answer that, just 1 U.S. CRANE & RIGGING 137
2 to not glaze over that, to answer that, the
3 president on the wall over there is proposing a
4 lot of infrastructure improvements, and that's
5 what this is for. My client has three
6 facilities, one up in Kingston that manufactures
7 concrete planks. That place is cranking. I was
8 up there. They are taking this stuff out all the
9 time. Very busy. We're doing another facility
10 over in Port Jervis. So this is not looking at a
11 little small operation here. This is something
12 that is looking to grow. That's what we're
13 trying to do here.
14 MR. GALLI: My only concern is what's
15 going to happen to the site?
16 MR. FETHERSTON: I'm sorry, I didn't
17 hear you.
18 MR. GALLI: Once you get in there
19 what's going to happen to the site? That's my
20 concern. Enforcement.
21 The third and final thing, Mrs.
22 Clifford was it I think?
23 MS. CLIFFORD: Yes.
24 MR. GALLI: The emergency access
25 doesn't get used every day. It gets used -- 1 U.S. CRANE & RIGGING 138
2 hopefully it never gets used, but it's there in
3 case the emergency people need it, fire,
4 ambulance, something like that. If they do need
5 it it's there. Come off of Stewart Avenue,
6 because the fire jurisdiction actually comes from
7 Tarr Road, over to Stewart Avenue. You've
8 probably heard the fire trucks and seen all the
9 accidents on the corner. That's a way for them
10 to get in to 17K. Hopefully they never have to
11 use it. I don't know, the safety record they
12 have, they might be using it a lot. I think it's
13 a good idea if we have the emergency access
14 there. It's blocked off. It's usually keyed so
15 the fire department and EMS can have access to
16 it.
17 MS. CLIFFORD: My worry is that they're
18 going to use it for other than emergencies.
19 There are just countless accidents there and
20 someone is going to get killed. I've asked for a
21 light. I've spoken with the supervisor. He said
22 it has to go through the State because that's a
23 State road. So it's only a matter of time.
24 We're very careful. You can not allow anyone
25 else in and out of Stewart Avenue. It will be 1 U.S. CRANE & RIGGING 139
2 deadly.
3 MR. GALLI: I just think there's a lot
4 of questions that need to be answered yet.
5 That's all I have, John.
6 CHAIRMAN EWASUTYN: Stephanie?
7 MS. DeLUCA: No.
8 CHAIRMAN EWASUTYN: Ken Mennerich?
9 MR. MENNERICH: The noise study we
10 haven't seen yet, but do you know if they took
11 any ambient property line noise readings there?
12 MR. FETHERSTON: That's what I read.
13 Yes, they did. Bear with me a second.
14 MR. MENNERICH: Was there a conclusion
15 that you could maintain that noise level at the
16 property lines after this facility is built and
17 the walls are put up?
18 MR. FETHERSTON: I'd like to submit the
19 report. I'm not the expert speaking on this.
20 Maybe I'll bring the expert who did the report.
21 I could tell you that he says existing measured
22 noise levels during the peak periods range from
23 the mid 60s to the mid 70s along Route 17K and
24 the mid 50s to 60s along Stewart Avenue. At
25 certain times the measurements -- measurement 1 U.S. CRANE & RIGGING 140
2 levels closer to Route 17K were observed
3 exceeding 85 decibels during daylight hours.
4 That's a busy road. Let me submit this to the
5 Board's expert and let him speak to the Board.
6 CHAIRMAN EWASUTYN: Dave Dominick?
7 MR. DOMINICK: First, I really have
8 empathy with the residents, and I want to thank
9 you for coming here tonight. You raised some
10 great points. I know firsthand. I have a family
11 member that lives near an automotive shop. What
12 divides her residence with the shop is a wooden
13 fence. What do you hear in the summertime? The
14 sounds of an automotive shop. So I would
15 strongly suggest that you re-look at the noise
16 barrier. I'm glad we're making progress with
17 that. Let's go the whole length, all the
18 residents and businesses. Sound travels. Let's
19 see something like that at our next iteration.
20 MR. FETHERSTON: Yes, we will.
21 MR. DOMINICK: Second, Frank said it,
22 you've got 97 acres. Can't you move the building
23 somewhere else?
24 MR. FETHERSTON: No. No. Let me show
25 you the existing map if I could. This is not 1 U.S. CRANE & RIGGING 141
2 clear to the Board and I want to make sure it's
3 clear exactly what this -- what the owner owns.
4 The available area on the site is the paved area.
5 There's approximately 25 acres of the 95 total
6 that are paved and/or have buildings on them.
7 The rest is a New York State DEC buffer
8 surrounding Brookside Pond and the Quassaick
9 Creek. There's a 100 foot buffer around that.
10 Besides that, the floodplain goes across this
11 property in that area that I highlighted
12 previously which precludes me from going in other
13 areas unless I want to provide what is also known
14 as a floodplain permit. I'm a certified
15 floodplain manager. I'm an expert at this.
16 This is another area where it would
17 require mitigating measures. If you fill one
18 area you have to provide storage in other areas.
19 We've done these permits with Jerry's office
20 before. I know what it takes. If I have to fill
21 an area I have to dig a hole somewhere else.
22 It's all pavement. It's all being utilized.
23 There really is no other good spot, any viable
24 spot to put this on this property. This line is
25 really our cutoff for development. We're not 1 U.S. CRANE & RIGGING 142
2 doing anything past that line. No fill
3 whatsoever.
4 MR. DOMINICK: Let me ask you this,
5 Andrew. You mentioned that you had to put
6 landscaping. Where are you going to put
7 landscaping when we're shifting the building
8 back? You said you've got to put the landscaping
9 in and a retaining wall.
10 MR. FETHERSTON: In this area.
11 MR. DOMINICK: Can we eliminate the
12 landscaping and maybe gain six or eight feet?
13 MR. FETHERSTON: The pinch point is
14 right here. There's one pinch point and it's
15 right there. The line isn't parallel with the
16 building. There's one spot that pinches down
17 twenty feet. That's that. That's the twenty
18 feet that I gave up. It's the only area that I
19 have and still fit this building within the
20 setback on the west side but slide it up and away
21 from the buildings on the south side.
22 MR. DOMINICK: I understand that.
23 That's making progress. I appreciate that. You
24 said that we're going to have a retaining wall
25 and landscaping. Can you eliminate the 1 U.S. CRANE & RIGGING 143
2 landscaping and maybe gain another six to eight
3 feet so instead of twenty feet maybe we're back
4 to that twenty-six, twenty-eight feet, nearer to
5 the thirty?
6 MR. FETHERSTON: Unfortunately,
7 sometimes when you're in front of the Board you
8 try and give them a good estimate. I gave you a
9 lousy estimate last time, in all honesty. I was
10 corrected by your engineer who said I don't think
11 you're going to get thirty feet there. I looked
12 at it again and I said you know what, you're
13 right. When I did it I got twenty. I got the
14 plans in my office which are coming to this Board
15 and will be submitted. We did the best we could.
16 We don't have a landscaped area, a large wide
17 garden. I have a strip. That's really what I
18 have.
19 MR. DOMINICK: How wide is the strip?
20 That's my question.
21 MR. FETHERSTON: I'll put a number on
22 it.
23 MR. DOMINICK: Maybe we could eliminate
24 that.
25 MR. FETHERSTON: We can probably get 1 U.S. CRANE & RIGGING 144
2 from twenty to twenty-two feet or something like
3 that. The thirty was unfortunately a little
4 aggressive on my part.
5 UNIDENTIFIED SPEAKER: Get rid of the
6 landscaping. Forget about it. We don't have to
7 put the trees there.
8 MR. FETHERSTON: It's not landscaping
9 for trees. It's a strip of grass.
10 MR. DOMINICK: Finally, to address Ms.
11 Clifford's concern about the emergency access,
12 you will have a chain on it?
13 MR. FETHERSTON: It will be gated.
14 MR. DOMINICK: I'd prefer a gate, a
15 locking gate.
16 CHAIRMAN EWASUTYN: John Ward?
17 MR. WARD: First, I think forget the
18 sound study and everything else. I think you
19 should put the noise barrier up no matter what.
20 Everybody is talking numbers. It doesn't matter.
21 The residents, businesses, do it. That's what I
22 say.
23 And then the landscaping, I saw you had
24 smaller trees. I'm recommending ten to fourteen
25 feet instead of the shorter ones that you had on 1 U.S. CRANE & RIGGING 145
2 the plan, this way you have a bigger buffer over
3 the years and everything.
4 I'm the one that mentioned moving the
5 building.
6 Then your fabrication projects, you
7 mentioned bridges, you had mentioned projects in
8 New York. Basically I'm asking, and it's hard to
9 say if you're doing the Tappan Zee Bridge and you
10 have a beam that big, how do you get it out on
11 17K? I'm asking. It's a question that even you
12 can answer.
13 MR. AURINGER: We're not building the
14 Tappan Zee Bridge, so -- that's finished. You
15 splice members. You design for spliced
16 connections.
17 MR. WARD: What's the biggest beam you
18 take out of the facility?
19 MR. AURINGER: They're special jobs.
20 We build high rise construction in New York City
21 every day. We have multiple projects for many,
22 many years to come. So the manufactured beams,
23 like everyone was speaking of earlier, can vary
24 between one foot up to forty feet, fifty feet.
25 They go on the back of the tractor trailer 1 U.S. CRANE & RIGGING 146
2 flatbed and get transported down to New York.
3 Occasionally you'll have some longer members, and
4 that will be in the report, and we'll submit the
5 report.
6 MR. WARD: Like Hudson yards, you have
7 beams there, different sizes and all that.
8 That's why I'm trying to have the public hear
9 what it is. It's not like you have a 300 foot
10 beam. That's why I'm trying --
11 MR. AURINGER: You're not having a 300
12 feet beam. You're going to have girders
13 manufactured together with all specialty robotic
14 welding equipment. Usually there are two or
15 three shaft columns or they're transfer girders
16 and they fit on the back of the flatbed for 90
17 percent of the operation.
18 MR. WARD: For the record can you tell
19 us your name?
20 MR. AURINGER: Tom Auringer.
21 MR. WARD: When you were saying
22 accessories and you were saying parking trucks
23 and everything else, are you putting on the plan
24 of -- how would you put it -- accessories? You
25 were saying put staging places, put it on the 1 U.S. CRANE & RIGGING 147
2 plan and all of this. All we're asking is to
3 make sure it's organized materials, not a
4 junkyard.
5 MR. AURINGER: It's not a junkyard.
6 We've got a junkyard in the Bronx.
7 UNIDENTIFIED SPEAKER: Can I address
8 that? When we get structural steel plans,
9 everything is agreed upon beforehand. When you
10 get your job in, you have to -- you have to stow
11 it on the trucks as the plans come in. So in
12 other words, you're not going to ship 57,000
13 pounds of steel out of order to a building. So
14 it's very organized, from inception to
15 conclusion. You have to follow the structural
16 drawings. So what you'll do is when you
17 fabricate your steel, you will row your trailers
18 in order that the erection is taking place in New
19 York City according to the structural steel
20 plans. Your trucks will come in, you'll link up,
21 you'll pull out according to the structural steel
22 plans. You'll go down to the City, you'll erect
23 for that day, you'll come back up and you'll
24 follow that same schedule. So by definition, in
25 order to follow the plans it has to be organized. 1 U.S. CRANE & RIGGING 148
2 You're not going to waste the money and show up
3 in New York with the wrong truckload. They'll
4 send you back and you lose that day's work.
5 CHAIRMAN EWASUTYN: Mike Donnelly,
6 comments at this point?
7 MR. WARD: Not yet. And with the
8 building, the colors, the way you have it, this
9 is Town of Newburgh. I don't want Carlstadt, the
10 mall down in Jersey. I'd rather see it more two
11 toned than a piece here and a piece there. It
12 looks like a shack. Please re-evaluate the ARB.
13 MR. SECKLER: I will revisit that.
14 MR. WARD: And you covered everything.
15 Thank you.
16 MR. GALLI: I just have one question.
17 Since this project is going forward and now we're
18 into a single use for U.S. Crane only, I see a
19 new sign up there for sale or for lease. Are we
20 going to lease it out for multiple different uses
21 to someone else? I know you had the Auto Auction
22 in there. Now there's a new sign. It doesn't
23 look that old. I haven't seen it and I ride by
24 there every day. It's probably been up a couple
25 weeks, maybe three weeks. Is there something we 1 U.S. CRANE & RIGGING 149
2 don't know that's going to go in there? Are you
3 going to lease it out all of a sudden after you
4 do get approved?
5 MR. McCOLGAN: No. If I might address
6 that. No. Once we took the crane business out,
7 and I can't speak to the sign. I really can't.
8 I can tell you that right now there is no
9 proposed use for this building. As Larry has
10 told me, if there will be a proposed use for this
11 building we'll be back to see you. So I can
12 state for the record that right now there is no
13 proposed use for this building. If there is,
14 we'll have to come back and see you.
15 MR. GALLI: I'm just curious why a new
16 sign was up. It's in your picture also.
17 MR. McCOLGAN: I don't know what else
18 to say. There's no proposed use of that
19 building.
20 MR. GALLI: Why do you need the sign?
21 MR. McCOLGAN: Sir?
22 MR. GALLI: I'm just saying. It's in
23 your picture.
24 MR. WOLINSKY: They still have a right
25 to rent the building. If they do we'll be back 1 U.S. CRANE & RIGGING 150
2 here for permission.
3 MR. GALLI: If it's going to be that
4 quick I think we have a right to know.
5 MR. WOLINSKY: Right now there's
6 nothing proposed.
7 MR. GALLI: We'll take your word for
8 it.
9 MR. FIORAVANTI: My name is Bill
10 Fioravanti, I'm with the Orange County
11 Partnership, the economic development office for
12 the county. My title is director of business
13 attraction, and the whole intent is to bring in
14 jobs. I've been working with these folks for
15 over a year. They've been honorable. They work
16 with the community. They've gone out of their
17 way, had a voluntary public meeting which I think
18 was very productive. We're fully behind this
19 project. Unfortunately I felt the need, I didn't
20 think I needed to speak before but I did want to
21 comment on really the character assassination
22 that they've been subjected to. Just to try to
23 explain that. Our office has done the research
24 on that. We've worked with this applicant and we
25 have a good understanding. It's really character 1 U.S. CRANE & RIGGING 151
2 assassination that comes from the unions in the
3 city. This is not a union company. The
4 proportion of union to non-union construction
5 companies in the city has really diminished.
6 They'll really going out of their way to try and
7 go after companies like this that are non-union.
8 They've been -- for twenty years they've been
9 after this company. It's propaganda. I see
10 these kind of materials. It's really funded by
11 the unions to try to put out this negative
12 propaganda. We've been working closely with
13 them. They've been forthright and honorable.
14 They've done everything they needed to do and I
15 wanted to be on the record to show our support
16 despite some of these, honestly, garbage claims.
17 CHAIRMAN EWASUTYN: I'm about ready to
18 close the public hearing. We'll take one more
19 comment in the back.
20 MR. FAGIOLA: My name is Anthony
21 Fagiola, I'm with the New York Community Alliance
22 for Workers Justice. I can assure you that this
23 company is not going to bring any kind of
24 benefits to anybody in this community. We've
25 been following them, too. The information that 1 U.S. CRANE & RIGGING 152
2 was handed out has been legalized and vetted and
3 is all true. He's notorious for worker
4 exploitation, mistreatment, sexual harassment,
5 wage theft, accidents. People get hurt in his
6 yards. He has accidents in his yards. That's
7 what's coming to the Town of Newburgh. Thank
8 you.
9 CHAIRMAN EWASUTYN: Mike Donnelly, in
10 preparation for the close of the public hearing.
11 MR. DONNELLY: I think what we need to
12 have is revised plans that show the reduction and
13 the extent of the uses, the careful narrative
14 that we spoke about, the sound analysis test and
15 your proposed mitigation plans. I think we need
16 to have all those things in sufficient time for
17 the Board to review at the next meeting.
18 CHAIRMAN EWASUTYN: Jerry Canfield?
19 MR. CANFIELD: Just one additional
20 thing. If the next submittal can also detail any
21 outside storage of materials, --
22 MR. FETHERSTON: Sure.
23 MR. CANFIELD: -- that would be very
24 helpful.
25 CHAIRMAN EWASUTYN: Any additional 1 U.S. CRANE & RIGGING 153
2 questions or comments from the public?
3 (No response.)
4 CHAIRMAN EWASUTYN: Then I'll move for
5 a motion to close the public hearing on U.S.
6 Crane & Rigging.
7 MR. GALLI: John, do we need to close
8 it with all the information we're lacking? We
9 don't have the plans or anything about the noise.
10 CHAIRMAN EWASUTYN: I'm making a
11 motion. It's a majority vote.
12 MR. GALLI: That's fine.
13 CHAIRMAN EWASUTYN: Do I have a motion
14 to close the public hearing?
15 (No response.)
16 CHAIRMAN EWASUTYN: Okay. Then I'll
17 set the continuation of the public hearing until
18 the 18th of May. Do I have a motion for that?
19 MR. DOMINICK: So moved.
20 MR. WARD: Second.
21 CHAIRMAN EWASUTYN: Motion by Dave
22 Dominick and a second by John Ward. I'll ask for
23 a roll call vote starting with Frank Galli.
24 MR. GALLI: Aye.
25 MS. DeLUCA: Aye. 1 U.S. CRANE & RIGGING 154
2 MR. MENNERICH: Aye.
3 MR. DOMINICK: Aye.
4 MR. WARD: Aye.
5 CHAIRMAN EWASUTYN: Myself.
6 MR. FETHERSTON: Thank you.
7 MR. WOLINSKY: Thank you.
8 CHAIRMAN EWASUTYN: Now that we don't
9 have any Board business, I'll move for a motion
10 to close the Planning Board meeting of the 20th
11 of April.
12 MR. GALLI: So moved.
13 MR. MENNERICH: Second.
14 CHAIRMAN EWASUTYN: I have a motion by
15 Frank Galli. I have a second by Ken Mennerich.
16 I'll ask for a roll call vote starting with Frank
17 Galli.
18 MR. GALLI: Aye.
19 MS. DeLUCA: Aye.
20 MR. MENNERICH: Aye.
21 MR. DOMINICK: Aye.
22 MR. WARD: Aye.
23 CHAIRMAN EWASUTYN: Aye.
24
25 (Time noted: 9:42 p.m.) 1 155
2
3
4 C E R T I F I C A T I O N
5
6
7 I, MICHELLE CONERO, a Notary Public
8 for and within the State of New York, do hereby
9 certify:
10 That hereinbefore set forth is a
11 true record of the proceedings.
12 I further certify that I am not
13 related to any of the parties to this proceeding by
14 blood or by marriage and that I am in no way
15 interested in the outcome of this matter.
16 IN WITNESS WHEREOF, I have hereunto
17 set my hand this 11th day of May 2017.
18
19
20 ______MICHELLE CONERO 21
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25