PRESENT: Chairman Doug Allen, members Mert Bartels, Tom Ferreri, Brian Gagne, Mark McEwen, Tom Morrison and Kevin Rooney. Also present were Town Councilman Ken Nawrocki, Town Engineer Scott Allen and Town Attorney Anthony Villani.

Chairman Allen called the meeting to order at 7:33 p.m. Motion was made by Brian Gagne, seconded by Kevin Rooney, to waive reading the legal notice as it appeared in the Times. All in favor; motion carried.

PB-28-04 – Brawley – Pond Road – Single-family residence – Site plan – Preliminary & final – Motion to open the public hearing made by Brian Gagne, seconded by Kevin Rooney. All in favor; motion carried. Property owner Michael Brawley and Engineer Bob Seeley were present to speak on behalf of this application. There was no one else present to speak for or against this application. Motion to close the public hearing made by Brian Gagne, seconded by Kevin Rooney. All in favor; motion carried.

Mr. Villani entered the meeting at 7:35 p.m.

PB-28-04 – Brawley – Pond Road – Single-family residence – Site plan – Preliminary & final – Mr. Brawley explained that all issues presented in the engineering comments had been addressed. Size of the water service has been amended. Motion for negative SEQR declaration made by Kevin Rooney, seconded by Mert Bartels. All in favor; motion carried. Motion to grant preliminary and final site plan approval for a single-family residence per application made by Kevin Rooney, seconded by Tom Morrison. Roll Vote: Bartels – yes; Ferreri – yes; Gagne – yes; McEwen – yes; Morrison – yes; Rooney – yes; Allen – yes. Therefore, this application is approved.

PB-33-04 – Harv's Harley-Davidson – 3120 Kittering Road – Expansion of non-conforming use – As a commercial business in a residential zoning district, Town Board approval is needed for expansion. This is a pre-existing business and does not require a Special Use permit. Planning Board referral from Town Board is advisory for planning issues. Bob Wyman of Harv's Harley-Davidson was present to explain this application. Addition will meet all setback requirements, match roof line of present structure and facade, and be used for storage of motorcycle inventory. Kevin Rooney suggested a more detailed plan would be needed for presentation to the Town Board at the public hearing. Motion for a positive referral to the Town Board made by Mark McEwen, seconded by Brian Gagne. Roll Vote: Bartels – yes; Ferreri – yes; Gagne – yes; McEwen – yes; Morrison – yes; Rooney – yes; Allen – yes. Therefore, this motion is carried.

PB-32-04 – Schmidlin/Coffey – Turner Road – Single-family residence site plan & one-lot subdivision – Sketch – Bob Seeley of Kreiling Associates was present to explain this application. This is a sale between relatives, and the two lots will share a driveway with an easement, as well as 20 ft. owned strip to the road. Perc and deep hole test results were good. There is a pine tree buffer between this and an adjoining parcel. Current pasture fencing will be removed. Motion to grant sketch plan approval made by Brian Gagne, seconded by Kevin Rooney. All in favor; motion carried.

PB-31-04 – Wal-Mart SuperCenter/APD Engineering – Northeast corner Wayneport Road & NYS Route 31 – Retail site plan & subdivision – Sketch – Present were Steve Cleason, APD Engineering, as the site engineer, and Neal Madden, partner at the law firm of Harter, Secrest & Emery, representing Wal-Mart. Mr. Madden explained this is the initial presentation to the Planning Board. They would like to start the SEQR process by declaring the Planning Board as lead agency. Mr. Cleason then began an explanation of the site plan proposal.

As a "supercenter" this facility will include general merchandise, pharmacy, supermarket, automotive tire/lube center and a separate gas station, operating 24 hrs./7 days a week. Base survey has been completed with two features governing the site – the overhead power lines and a 24" high-pressure gas main. Gas company has asked that minimal pavement area be placed over the main. Site access will be through a main entrance on Route 31, with left turn lanes extended from Wayneport Road, and a service/delivery entrance on Wayneport Road. Wetland mitigation, stormwater discharge, archaelogical survey, parking requirements, utilities and setbacks were discussed. Sewers are available on Wayneport Road; however, district extension will be needed. The gas station will need a Special Use Permit (approval through the Town Board).

Access to and build-out of the remainder of the parcel were questioned. Mr. Cleason stated Wal-Mart could only address the portion of the parcel under their control and could not speak for the developer, Laker Development. Currently there are no other applications for the remainder of the parcel, and the Wal-Mart site would be solely Wal-Mart. They will discuss potential traffic demands with their consultant. Town, County and State highway departments will be involved in a review of the traffic study. The collector road will be a town-dedicated road, built to town specifications & allowing better future maintenance. Tom Ferreri indicated he would like to see the collector road separated from the loading docks & oil change service bays.

Scott Allen asked for a description of the building facade. Mr. Cleason stated Wal-Mart no longer uses a stock grey/blue building, but likes to incorporate features from the locale into the building. He introduced Ray Trotta, Bergmann Associates, who will be doing the architectural design. Elevations should be available in January.

Mr. Cleason asked if the Board had immediate concerns that would prevent beginning the geotechnical survey (soil samples/bore holes). Due to the constraints of the power lines and gas main, the Board felt any changes in building placement would be minor. APD hopes to have a full Planning Board submission by mid-January for a possible February public hearing.

Brian Gagne asked when the store would be operational. Mr. Cleason stated ideally they would like to begin construction when the weather breaks in the spring, but realistically it would be later – April or May. Construction time is estimated at nine months with another two months for store fit-out.

Motion made by Brian Gagne, seconded by Kevin Rooney, to adopt the resolution as presented to declare the Planning Board as lead agency in the SEQR process. Roll Vote: Bartels – yes; Ferreri – yes; Gagne – yes; McEwen – yes; Morrison – yes; Rooney – yes; Allen – yes. Therefore, this motion is carried.

Motion to approve the 11-22-04 minutes made by Kevin Rooney, seconded by Mert Bartels. All in favor; minutes approved.

Motion to adjourn made by Brian Gagne, seconded by Kevin Rooney. All in favor; meeting adjourned at 8:40 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board

NOTE: Copy of the resolution declaring the Planning Board as lead agency in the Wal-

Mart SEQR process is attached to and part of the official minutes available in

the Building/Zoning Office.