Town of Goshen Planning Board Meeting Emergency Service Building Wells Farm Road Goshen, New York. October 19, Kelly Naughton, Esq.

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1 Town of Goshen Planning Board Meeting Emergency Service Building Wells Farm Road Goshen, New York Present: Lee Bergus, Chairman David Crawford Phil Dropkin David Gawronski Cynthia Hand Frank Leva Diana Lupinski Giovanni Pirraglia Also Present: Sean Hoffman, PB Engineer Kelly Naughton, Esq., PB Attorney Richard Golden, Esq. Neal Halloran, Building Inspector Ralph Huddleston Absent: Dr. Kris Baker The Planning Board Meeting was opened with the Pledge of Allegiance at 8:01 pm by Chairman Lee Bergus. Approval of Minutes - Goshen Planning Board moved to approve the August 17, 2017 minutes as modified. Approved unanimously. Mr. Bergus Mr. Gawronski Mr. Crawford Mrs. Lupinski Mr. Dropkin Mr. Pirraglia VOTE BY PROPER MOTION, made by Mr. Dropkin, seconded by Mr. Gawronski, the Town of Goshen Planning Board moved to approve the August 24, 2017 minutes as modified. Approved unanimously. Mr. Bergus Mr. Gawronski Mr. Crawford Mrs. Lupinski Mr. Dropkin Mr. Pirraglia Minutes from October 5, 2017 carried over. Possible Extension or Abandonment of Applications pursuant to Town Code - Hambletonian Park Chairman Bergus read the applicant's September 26, 2017 letter requesting

2 Town of Goshen Planning Board Page 2 extension for preliminary final approval. VOTE BY PROPER MOTION, made by Mr. Pirraglia, seconded by Mrs. Lupinski, the Town of Goshen Planning Board moved to grant the applicant, Hambletonian Park, an extension for preliminary final approval to April 19, Mr. Bergus Mr. Gawronski Mr. Crawford Mrs. Lupinski Mr. Dropkin Mr. Pirraglia The Estates at Rolling Ridge, LLC Chairman Bergus read the applicant's October 9, 2017 letter requesting an extension for final approval. Goshen Planning Board moved to grant the applicant The Estates at Rolling Ridge, LLC an extension to April 19, 2018, for final approval. Mr. Bergus Mr. Gawronski Mr. Crawford Mrs. Lupinski Mr. Dropkin Mr. Pirraglia Amy's Kitchen, Inc., & Science of the Soul Chairman Bergus read a letter dated September 28, 2017 from Jacobowitz and Gubits stating the special use permit and site plan approval would expire on December 1, 2017 and requested an extension so that building permits could be obtained. Mr. Dropkin recused himself. VOTE BY PROPER MOTION, made by Mr. Gawronski, seconded by Mrs. Lupinski, the Town of Goshen Planning Board moved to grant the applicants Amy's Kitchen, Inc., & Science of the Soul extension of special use permit and site plan approval to May 17, Approved unanimously with one recusal. Mr. Bergus Mr. Gawronski Mr. Crawford Mrs. Lupinski Mr. Dropkin Recused Mr. Pirraglia Aurora Innovations Chairman Bergus read a letter from applicant dated October 13, 2017 requesting an extension for site plan approval. VOTE BY PROPER MOTION, made by Mr. Dropkin, seconded by Mr. Gawronski, the Town of Goshen Planning Board moved to grant the applicant Aurora Innovations an extension for site plan approval to April 19, 2018.

3 Town of Goshen Planning Board Page 3 Mr. Bergus Mr. Gawronski Mr. Crawford Mrs. Lupinski Mr. Dropkin Mr. Pirraglia Items for Discussion/Action - Howell's Lawn Service : Application for site plan for contractor storage on 2.8+/- acres on Industrial Drive in the CO District with AQ-3, Scenic Road Corridor and Stream Corridor and Reservoir Watershed Overlays. Draft Resolution and Conditional Approval for Site Plan. Attorney Naughton reviewed the draft resolution. Whereupon there was a discussion on specific conditions in the resolution. VOTE BY PROPER MOTION, made by Mr. Dropkin, seconded by Mr. Pirraglia, the Town of Goshen Planning Board moved to approve the conditional resolution for Howell's Lawn Service. Mr. Bergus Mr. Gawronski Mr. Crawford Mrs. Lupinski Mr. Dropkin Mr. Pirraglia LEGOLAND Merlin Entertainments/LEGOLAND New York , 46, 47, 49.2, 58, 60, & : Application for site plan special permit, clearing & grading permit and subdivision for a commercial recreational facility on 514+/- acres (total holdings) along Harriman Drive, Arcadia Road and Conklingtown Road in the RU and HR Districts with AQ-3, Scenic Road, Floodplain & Ponding and Stream Corridor & Reservoir Overlay Districts. Draft Resolution. Mrs. Lupinski recuses herself at 8:20; Mr. Leva takes the dais. Whereupon, Attorney Naughton reviewed the draft resolution of approval with conditions with the Board and answered any questions they had. The finding statement will be attached to this document. The Board made changes and additions. VOTE BY PROPER MOTION, made by Mr. Dropkin, seconded by Mr. Pirraglia, the Town of Goshen Planning Board moved to accept the Resolution of Approval as modified, Special Permit, Major Site Plan, Minor Subdivision, Lot Line Adjustment and Clearing &Grading Permit for Merlin Entertainments Group Holdings US, Inc. (a/k/a LEGOLAND New York). Approved unanimously with one abstention. Mr. Bergus Mr. Gawronski Abstention Mr. Crawford Mr. Leva Mr. Dropkin Mr. Pirraglia

4 Town of Goshen Planning Board Page 4 Amy's Kitchen, Inc. & Science of the Soul , 1.41, 19.2, 23.2, 24.2 and : Site plan, special permit and subdivision for a manufacturing and conference center on 395 +/- acres (total holdings) NYS Route 17M, Echo Lake Road, Hartley Road and Owens Road in the CO, RU and I Districts with AQ-3/AQ-6 Floodplain & Ponding Area, Stream Corridor and Water Supply Watershed and Scenic Road Corridor overlays. Discuss Amended Resolution. Mr. Dropkin recused himself at 9:37 and Mrs. Lupinski returns to the dais. Mr. Graham Trelstad, AICP from AKRF representing the applicant appeared before the Board. He informed the Board that the meeting with Middletown in the morning went very well. Applicant submitted an application for amended site plan approval to allow water withdrawal from the Wallkill River. A technical memo was submitted for review. He stated at low flow condition they wouldn't withdraw water. Stated they were aware of the possibility of bacteria in the water. The water would be going directly into the tank with no human contact. He estimated a period of six months that they would need to withdraw from the Wallkill. They will continue to use the reservoir in place to collect rain water. Mr. Huddleston stated he had reviewed the application and was very satisfied with it. Stated they did a nice job of identifying the species and putting together the flow model. Chairman Bergus inquired as to making a requirement or modification to document the quantity of water drawn on a daily basis, as well as what the Gardner Station is reading. Attorney Naughton stated some sort of metering would be installed. Mr. Hoffman informed the Board the applicant would use water trucks and tentatively use that for monitoring by counting the number of trucks. That could be monitored by the building inspector or Mr. Hoffman himself. Mr. Trelstad stated they would need three or four tanks a day. Chairman Bergus asked if the pump would be stationary or mounted on the truck. Mr. Trelstad stated he didn't know and would have to find out. He thought is was mounted on the truck. Attorney Naughton advised the Board to consider an expanded part 3, stated she was going to provide a part 2 at the next meeting to make sure there are no other areas that need to be addressed by this application. She advised the Board to authorize the preparation of a draft resolution. Stated if the Board finds it substantially similar to the site plan and special permit that was issued previously, then there's no public hearing. Goshen Planning Board moved to authorize counsel to prepare a modified resolution of approval for Amy's Kitchen/Science of the Soul.

5 Town of Goshen Planning Board Page 5 Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Leva Mrs. Lupinski Mr. Pirraglia Attorney Naughton stated they needed a determination that they find it substantially similar to the site plan and special permit that was issued previously and waive the public hearing. VOTE BY PROPER MOTION, made by Mr. Gawronski, seconded by Mrs. Lupinski, the Town of Goshen Planning Board moved to waive the public hearing for Amy's Kitchen/Science of the Soul. Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Leva Mrs. Lupinski Mr. Pirraglia Amy's Kitchen, Inc. & Science of the Soul and 24.2: Application for lot line modification along NYS Route 17M and Echo Lake Road in the CO and I Districts with AQ-3/AQ-6 Floodplain & Ponding Area, Stream Corridor and Water Supply Watershed and Scenic Road Corridor overlays. Initial Presentation. Mr. Dropkin is recused and Mr. Leva is on the dais. Mr. John O'Rourke appeared for the applicant before the Board. He reviewed the lot line change with the Board. He requested the Board grant the lot line modification and waive a public hearing. He stated that Amy's would own the road and maintain it. He stated he would like to thank Mr. Bloomfield for organizing the meeting with City of Middletown for water and sewer. He attended the meeting and pushed them to get things done. Chairman Bergus inquired with the invisible lot line modification there were no changes to grading or drainage, it's just strictly a paper change on ownership of lot line. Mr. O'Rourke responded yes, no changes. Mr. O'Rourke stated that nothing was changing under any previous agreements. Mr Hoffman informed the Board he had reviewed the application and spoke to Mr. O'Rourke on the phone. It is not an action for SEQRA. Mr. Hoffman provided the Board a copy of his report. Attorney Naughton informed the Board it was not an action under SEQRA, no referral necessary and they could waive the public hearing. Goshen Planning Board moved to waive a public hearing on this application.

6 Town of Goshen Planning Board Page 6 Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Leva Mrs. Lupinski Mr. Pirraglia VOTE BY PROPER MOTION, made by Mr. Gawronski, seconded by Mrs. Lupinski, the Town of Goshen Planning Board authorized counsel to prepare a resolution of conditional approval. Approved unanimously. Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Leva Mrs. Lupinski Mr. Pirraglia Ver Hage Warehouse : Clearing & Grading Permit for a warehouse on 9.6 +/- acres along Hartley Road in the I District with AQ-6, Floodplain & Ponding Area, Stream Corridor and Water Supply Watershed overlays. Initial Presentation. Mr. Dropkin recused himself and Mr. Leva is sitting in. Lara Pruschki, PE, from DePuy Engineering, appears for the applicant before the Board. Stated she was here for a grading permit. Stated the site had already been cleared and grubbed. Mr. Hoffman informed the Board the applicant had cleared less trees and went through the building department. They withdrew that application. They proceeded with the site plan special permit application, which you recently conditionally approved at the last meeting. It was his understanding they wanted to do some grading to sell some materials to Amy's. The application meets the threshold for a public hearing. Chairman Bergus inquired as to the clearing being done, they're going to grade, is there anything to stabilize it until the building is constructed. Mr. Hoffman stated the clearing and grading permit under the code requires an erosion and sediment control plan. One was included with that site plan and special permit and that will have to be executed. The building inspector can issue the grading permit. The permit from the DEC for the stormwater will have to be in place. Attorney Naughton stated as far as SEQRA, this was covered under the SEQRA for Amy's Kitchen. There is no 239 referral required, but it does require a public hearing. There is enough time to publish before the November 2 meeting. VOTE BY PROPER MOTION, made by Mr. Gawronski, seconded by Mr. Pirraglia, the Town of Goshen Planning Board moved to have a public hearing on November 2 for Van Hage Warehouse.

7 Town of Goshen Planning Board Page 7 Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Leva Mrs. Lupinski Mr. Pirraglia Goshen Planning Board authorized Attorney Naughton to draft a resolution for Ver Hage Warehouse. Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Leva Mrs. Lupinski Mr. Pirraglia Mr. Dropkin returns to dais. Maplewood Village (aka ADC Orange, Inc.) & 48: Application for a residential subdivision for 68 single family units on /- acres on Coleman and Craigville Roads (County Route 66) in the RU District with AQ-6, Scenic Road Corridor and Stream Corridor overlays. Re-schedule Public Hearing. The applicant requested to re-schedule the public hearing. VOTE BY PROPER MOTION, made by Mr Dropkin, seconded by Mrs. Lupinski, the Town of Goshen Planning Board approved postponement of Maplewood Village public hearing to November 16. Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Pirraglia Mrs. Lupinski Mr. Dropkin Attorney Naughton stated she would notify Maplewood Village that it will be republished and renoticed as required and done by applicant's expense. Goshen Planning Board moved to close the meeting. Mr. Bergus Mr. Gawronski Mr. Crawford Mr. Pirraglia Mrs. Lupinski Mr. Dropkin ADJOURNMENT The Town of Goshen Planning Board adjourned at 10:12 pm.