TOWN OF PAWLING September 06, 2016 PLANNING BOARD Page 1

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1 TOWN OF PAWLING September 06, 2016 PLANNING BOARD Page 1 PRESENT: George Brehm Chairman, Eric Paulson, Amie Rennolds Aaron Cioppa and William Vollmer. EXCUSED: Jay Erickson and Dr. Thomas Bloom. CONTENTS: Armagh Storage Group LLC (Site Plan), Mistover Way (Special Use Permit), Christine Carty/Mark Hellerer (Special Use Permit), Auto Zone Parts LLC (Site Plans), John Nilsen (Site Plan) SGH Chinna DBL (Site Plan), New Business and Minutes. There were four (4) people in the audience. Chairman Brehm opened the meeting at 7:02p.m. and then led the salute to the flag. ARMAGH STORAGE GROUP LLC 133 NYS Route 22 Grid Number: Discussion on Tree Removal and Replacement Mr. Curt Johnson from the firm of Zarecki & Associates was present. Chairman Brehm said Armagh Storage Group LLC is located at 133 NYS Route 22 in the Highway Business Zoning District. The Site Plans have been signed off by the Chairman of the Board and the applicant has been issued building permits. Subsequently, the applicants have unearthed a problem with tree roots growing into the buildings foundation. Mr. Johnson presented the Site Plan and photos of the evergreen trees roots growing into the Northside building foundation. In additions the property is graded towards the building, resulting in these trees disrupting the flow of drainage around the building. Mr. Clancy seeks to remove the evergreen trees. If the Board so chooses, he is willing to plant replacement trees further away from the building. Chairman Brehm asked two questions what type of plantings were along the Northside of the building? What is the height of the remaining trees along the Northside property line? Mr. Johnson explained the overgrown shrubs that have been cleaned up, leaving several remaining trees approximately 20 feet in height. The Board reviewed the overall buildings landscape plan. Based on the fact that the two evergreen trees are causing damage to buildings foundation and prevents regrading to allow for installation of approved stormwater drainage infrastructure the Board members concurred the trees should be removed. Ms. Rennolds felt no additional trees required to be replanted. Along the Northside property line there is preexisting trees that provide landscape screening. Chairman Brehm polled the Board members. The consensus of the Board agree the evergreen trees can be removed and no additional trees need to be replanted. Mr. Johnson presented a photo of the current loading docks configuration located at the rear of the building. Mr. Clancy has acknowledged there is a problem with large trucks not making the turning radius to align up at loading dock. They are suggesting reconfiguring the loading dock constructing a tall bay, by reducing the grade level. In addition, the outside underground water storage tanks for fire suppression are being removed and relocated within the building s interior. Ms. Rennolds responded the reconfigured loading docks are a minor plan, this is a practical change. The Board encourages working sites. Chairman Brehm said the Site Plan must be revised to illustrate the loading dock reconfiguration and removal of the evergreen trees. An As Built must be submitted to the Building and Planning Department for their files, when the site renovations are completed.

2 Page 2 of 6 MISTOVER WAY Carol Paterno 128 West Dover Road Grid Number: Presentation by Mr. Daniel Hollis Esq. Discussion on Continuation of Special Use Permit Mr. Daniel Hollis Esq from the firm of Shamberg, Marwell, Hollis Andreycak & Laidlaw, and P.C. was present representing Rath Fhearr, LLC Brian and Jules Cournane. Chairman Brehm said Mistover Way/Carol Paterno property is located at 128 West Dover Road consisting of ± acres in an R-2 Zoning District. Mr. Hollis briefly explained both of the Cournane s are accomplished equestrian athletes who have participated at high levels internationally in type of competition called Eventing, Mr. Cournane for the Irish team and Mrs. Cournane for the United States National team. The use of Mistover Way Farm to be acquired by the Cournane will be for their own residence and for the training of their own horses to compete at the high level at which the Cournane s have competed as well as to train the horses of other competitors of like or greater skill. The purpose of appearing before the Planning Board is for conceptual review as permitted by this Board to discuss the intended scope of activities by his client prior to acquisition of the property. There will be no horse shows, lessons, hacking or any use of the property which would produce any increase in traffic and/or noise. In fact, the level of anticipated activity will be less than is currently permitted under Special Permits granted to the Mistover Way, Carol Paterno in No changes to the Site Plan are proposed. Their client agrees to be bound by all of the conditions set forth therein, but would waive the condition with regard to special events since no special events are anticipated. Ms. Rennolds asked does the Eventing provisions mean it s a type of training or no events take place eight times per year? Mr. Hollis responded his client waived the condition with regards to no events will be held. Eventing is the title of activities. If in the future Rath Fhearr, LLC -Brian and Jules Cournane choose to resurrect the provision for eight (8) events per year, this activity attempt would require resurrection of further review by the Planning Board and Town Code regulations adopted at that time and date of a future Site Plan/Special Use Permit application. Mr. Vollmer asked if the day to day activity shall result in less traffic? Mr. Hollis responded the barn capacity allows for 32 horses. Presently, the Cournane s do not anticipate to fill up the entire barn, resulting in less day to day traffic flow. Ms. Rennolds asked if an accessory apartment for farm or mangers personnel is located on site? Mr. Hollis said an accessory apartment was granted for a manager to allow a person on site to oversee the operations of the barn and arena, and also to oversee the health of the horses. Chairman Brehm said his concern is the Special Use Permit was granted to the Paterno family and not Mistover Way Farm. He is unsure if the Special Use Permit runs with the land, or is required to be renewed for the new landowners. Mr. Hollis respectfully disagreed. He explained Special Use Permits, New York States rules and regulations. The Special Permit transfers with the land. He is willing to put a stipulation on the record that the Special Use Permit continues as long as there is no changes with the conditions, except the permittee does agrees to no special events (eight per year) will take place. The Board and Mr. Hollis discussed the existing site conditions. Mr. Hollis said the farm is beautiful, during initial Site Plan and Special Use Permit review and approval the Planning Board did a wonderful job. Chairman Brehm said before finalizing Special Use Permit procedures for Mr. Hollis clients to operate under the existing Special Use Permit of 2006 with or without the necessity of further Planning Board review a meeting will be scheduled with the Town Attorney, Charles Stewart Esq. and Mr. Hollis Esq. and himself. Following the meeting the Board will be updated.

3 Page 3 of 6 AUTO ZONE 154 Route 292 Grid Number: Further Discussion/Site Plan Chairman Brehm said the property is located at 154 NYS Route 22 in the Highway Business HB Zoning District. The Board is in receipt of the latest renditions of the architectural building elevations. The Board members discussed the buildings elevation drawings. Motion by Mrs. Rennolds to accept the architectural building elevations drawings as presented on August 18, Second by Mr. Paulson. Chairman Brehm asked for discussion. JOHN NILSEN NYS Route 292 Holmes, NY Grid Number: Administrative/Time Extension No one was present representing Mr. John Nilsen. Chairman Brehm said the property is located at NYS Route 292 in the Hamlet HA Zoning District. Mr. Nilsen has requested a six month Site Plan time extension beginning January 19, 2017 and ending July 19, The applicants are running behind schedule, they do not plan to begin construction before the onset of the winter Motion by Mr. Cioppa to grant a six month Site Plan time extension beginning January 19, 2017 and ending July 19, Second by Mr. Vollmer. Chairman Brehm asked for discussion. SGH CHINNA DBL Further Discussion/Site Plan 851 NYS Route 22 Gas Station and Convenience Store Grid Number: Mr. Curt Johnson was present representing SGH Chinna DBL. Chairman Brehm said the property is located at 851 NYS Route 22 in the Highway Business HB Zoning District. Mr. Johnson presented an illustrated Site Plan. During a previous meeting the Board looked at closure of the River Road curb cut access. Following a conversation with Mr. Chinna, they are suggesting the curb cut access is not closed. The problem that will occur is a motorist will enter Route 22 and immediately turn off to enter the gas station. The Board members agreed to keep the curb cut off of River road on the site. Mr. Johnson said the applicant has stated he plans on addressing landscaping plantings during a Phase II future Site Plan.

4 Page 4 of 6 Chairman Brehm said the Board has the option to request a landscape plan as part of the current Site Plan application. He recommended Mr. Johnson advise the applicant on the Board s position to develop a landscape plan. Mr. Johnson asked if the application is at a point to schedule a Public Hearing to move this application forward. Chairman Brehm responded the Board must decide upon an Engineer for the Town to review the Site Plan material, and issue a memorandum on technical and statutory items to be addressed. Once the Board has referred the application to an Engineer, Mr. Johnson will be notified. At this time the Site Plan is not at a point to schedule a Public Hearing. Chairman Brehm said the two Engineer choices are Morris Associates and Mr. Ron Gainer. The Board felt recommending an Engineer that does not get paid appropriately by Supervisor David Kelly and several Town Board members is very unprofessional. Unfortunately, this limits the Planning Board to do what is best for the Board. Chairman Brehm said the problem is a Consultant working for the Board potentially could not get paid in the future or go through their checks being held up. He has tried to have a follow up meeting or phone conversation with Supervisor Kelly. There has been no return phone calls. Ms. Rennolds said as a professional, if an entity agreed to work with me, and then all of a sudden the powers to be were not going to pay me, this development would be upsetting. The Board said until assurance are provided by the Town Board Members agreeing Engineers or Consultants will get paid, or this Board takes a step ensuring Engineers or Consultants shall get paid. This Board has no other alternative but to hire Morris Associates. Chairman Brehm said the Board must make a decision based on known facts. Mr. Erickson asked if Mr. Gainer reached a point where he does not want to work for the Planning Board. The Planning Board options are limited based on the Town Board adversity of non-payment to Engineers or Consultants. Chairman Brehm said he is uncomfortable referring projects to a Consultant and then find out there is an issue with non-payment by the Town Board. Motion by Mr. Paulson to refer the SGH Chinna DBL application to Morris Associates to hire as the Board s Engineer for this application. Second by Mr. Cioppa. Chairman Brehm asked for discussion. Motion by Ms. Rennolds to approve Morris Associates and Zarecki & Associates, Mr. Curt Johnsons working directly on this Site Plan application subject to; The Planning Board being kept informed and provided with copies of correspondence/documents. Second by Mr. Paulson. Chairman Brehm asked for discussion. Mr. Johnson said a planset will be sent to Morris Associates Mr. Pete Setaro to begin a formal review.

5 NEW BUSINESS Town of Pawling Planning Board Page 5 of 6 Councilman DeRosa spoke with the Planning Board on the issue of the Planning Board s hiring of Engineers and Consultants. He began by explaining his 20 years of experience as a Planning Board member. The Planning Federation often speaks on Town Law 271 (1) and 271 (2). It is important the Planning Board has confidence in the Consultants hired. A meeting was held amongst the Town Board members, certain Town board members were against the hiring of Mr. Gainer. The supervisor stated Chairman Brehm said the Planning Board was influenced to hire Mr. Gainer by Councilman Montemarano and himself. Councilman DeRosa took that statement to heart. He appreciates the dedication the Planning Board members put into their jobs. If a Board member felt he put pressure on them, he apologizes, as he did not feel he had, nonetheless he wants to clear the air. Chairman Brehm said these statements are incorrect. Councilman Montemarano and Councilman DeRosa did not suggest or tell him to hire Mr. Gainer. The information provided was New York State Town Law 271 (1) and 271 (2). Chairman Brehm requested a joint meeting be held with the Town Board and Supervisor Kelly. He welcomes any member of the Town Board meeting with the Planning Board to discuss the Board s perspective and reasons why decisions have been made. Councilman DeRosa said during his discussion with the Town Board, he suggested both Board s hold a meeting for an open discussion on hiring of Engineers and Consultants. He does not enjoy wasting time, and felt it was important to clear the air with the Planning Board members. Mr. Vollmer asked if it s correct that the Planning Board has the authority to hire their own Engineers and Consultants? Chairman Brehm spoke with the Association of Town. The A.O.T. provided advice on Town Law 271 (1) and 271 (2). Although the Town Board are the ones that makes the funds available to hire experts, it is actually the Planning Board that makes the decisions regarding whom to hire. Experts may include but are not limited to, a Planning Board Attorney, Engineer or Professional Planner etc. The Engineers hired have been paid out of escrow pass through accounts on projects before the Board. Councilman DeRosa said he has been taught Planning Boards should be a separate entity from the Town Board s. The Planning Board should trust and have confidence in the Consultants they choose. Ms. Rennolds clarified if three Town Board members do not sign the voucher, then a check cannot be issued to Consultants. Chairman Brehm explained the funds paid to a Consultant are passed thru via an escrow account and if the Board chooses to hire for example a stenographer, then the payment comes out of the Planning Consultant line. These items are authorized by the Town Board. The A.O.T. said the escrow accounts are a legal concept in which a financial instrument is held by the Town on behalf of the applicant. The question on the table, is the Board going to get push back, if they so choose to hire Mr. Gainer for the next project. Councilman DeRosa explained the process on how the Town Board adopts the Planning Department/Board schedule of fees. The escrow funds deposited into an account are fixed costs and replenished as necessary. Councilman DeRosa said he agrees with the Board choosing Mr. Gainer or any other Consultant. He cannot answer for the remaining Town Board members. The Planning Board could get push back from the Town Board, he does not know. The Planning Board has to speak with the Town Board. Chairman Brehm said Councilman DeRosa is the liaison to the Planning Board. Councilman DeRosa said when he was told he had influenced the Planning Board, he then provided the Planning Board meeting minutes, where this Board met with Mr. Setaro to discuss the type of review the Board seeks, as far as executive summary technical and statutory items, stormwater, addendums etc. He asked the Town Board how he could put words into all these Board members mouths. They were asked to read the Minutes(s) to make their own decisions. Chairman Brehm said the only information he ever received was an from Councilman Montemarano on Town Law sections 271 (1) and 271 (2).

6 Page 6 of 6 Councilman DeRosa said he cannot speak for Councilman Montemarano. He needed to attend tonight s meeting to address this situation. He does not like issues to sit and fester, it is better to discuss important matters and then move forward. Chairman Brehm felt the situation continues to fester, for the reason the situation has not been resolved with Supervisor Kelly and the Town Board. It is unfair for certain Consultants or Engineers to receive payment and other Consultants or Engineers payments to be held. In the near future the Board is expecting new projects to be submitted. If the Planning Board does not hire Morris Associates for every project, then is the other Consultants or Engineers not going to receive payments? ADJOURNMENT On a Motion by Ms. Rennolds and second by Mr. Paulson to adjourn the meeting at 9:00p.m. All were in favor and the Motion carried. Respectfully submitted non - approved minutes JoAnne Daley Recording Secretary