TOWN OF WARWICK PLANNING BOARD August 16, 2017

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1 TOWN OF WARWICK PLANNING BOARD August 16, 2017 Members present: Chairman, Benjamin Astorino Roger Showalter, Vice-Chairman Dennis McConnell, Christine Little, Laura Barca, HDR Engineering J. Theodore Fink, Greenplan John Bollenbach, Planning Board Attorney Connie Sardo, Planning Board Secretary The regular meeting of the Town of Warwick Planning Board was held Wednesday, August 16, 2017 at the Town Hall, 132 Kings Highway, Warwick, New York. Chairman, Benjamin Astorino called the meeting to order at 7:30 p.m. with the Pledge of Allegiance. PUBLIC HEARING OF Rita P. Smith, Trustee Application for Site Plan Approval and Special Use Permit for the construction and expansion of an existing campground from 74 permitted campsites to 154 permitted campsites known as the Black Bear Campground, situated on tax parcel S 8 B 2 L 27.14; project located on the eastern side of Wheeler Road 6,000± feet south of State Route 17A (197 Wheeler Rd), in the RU zone, of the Town of Warwick, County of Orange, State of New York. Continued Public Hearing from the July 19, 2017 Planning Board Meeting. Representing the applicant: Christopher Kleister, Esq. Brad Cleverly from MJS Engineering. Connie Sardo: Mr. Chairman, we have received all of the mailings for the Black Bear Campground application from the applicant. Mr. Astorino: Thank you. The following review comments submitted by HDR: 1. Planning Board to discuss SEQRA. 2. Applicant to discuss project. 3. Conservation Board comments: pending comments 4. Architectural Review Board comments: pending 5. OCPD: 10/21/15 no advisory comments 6. OCDPW:02/11/16 no comments on existing entrance 7. OCDOH: 07/05/17 Department concurs with current project as proposed 8. NYSDEC: 11/21/14 SPDES septic permit _00001, valid until 11/20/ NYSDEC: 10/15/14 SPDES stormwater permit NYR10Y583 issued under GP Sheet 1, Note 24 should be updated to state that timing of the Town s annual permit should be coincident with OCDOH annual permit.

2 Page 2 of 59 Town of Warwick Planning Board Minutes August 16, Town Board letter dated 06/22/17 delays the enforcement of the removal of all nonconforming structures (not removal of the use) by October 31, Sheet 1, Note 10 must be updated. 12. A surveyor seal/signature must be shown on the plan. 13. A note shall be added to the plans with a schedule for the implementation of the OCDOH-approved septic systems, the abandonment of the existing septic systems, the installation of the proposed propane filling station, the installation of the proposed adjacent owner/dumpster screening, and full compliance with the proposed site plan. 14. If the propane filling station is no longer proposed, it should be removed from the site plan and from Sheet 1, Note The Dumpster Pad with Wood Privacy Fence detail on Sheet C-13 should show the dumpster landscaping requirements so that all information relating to the dumpsters is in one location. 16. There should be a note added to the Dumpster Pad detail that all dumpster/recycling locations shall be screened in accordance with this detail. 17. Applicant to protect the dropoff area from half-way through campsite 89 (immediately east of where the sanitary sewer traverses) to campsite 94 with barrier protection. 18. Sheet 1, Note 14 must be updated to state that there are five campsites allowed for year around occupancy. 19. The proposed landscaping behind the existing fence between campsites 57 to 62 should be relocated in front of the fence line. 20. Additional verbiage shall be added to Sheet C-6 to clarify that the landscaping must be installed in accordance with this approved plan except as otherwise approved by the Town Planner. 21. Sheet C-1, Note 23 includes only a portion of the Town Code; the balance of that note should be added: With the exemption of those for the resident manager, property owner, and one site manager per 50 campsites. The resident manager or owner shall be on the premises on a regular basis V(2) and (3) requires that quarterly Record of Occupancy reports for each campsite be submitted to the Town Building Department no later than April 30 th, July 31 st, October 31 st, and January 31 st of each year of operations. The quarterly report shall include a map showing the location of each campsite and its occupancy during the preceding calendar quarter Y The campground shall have at least one public telephone located where it is accessible to campers 24 hours a day. 24. The Town of Warwick Signature Block must be added to Sheet 1 (C-1). 25. A note shall be added to the plan stating that when the proposed pavilion and kiddie pool are constructed at some point in the future, those land disturbances will comply with the Town and NYSDEC stormwater regulations in effect at that time. 26. There will be a contract between Black Bear Campground and its customers that provides the limitation of the 210 days of occupancy in any 12 month period. A copy of this registration form shall be submitted to the Town Building Department with each annual review package ( Z). 27. The site currently has fencing along the front and rear of the property. Sheet C-12 shows a fence and gate detail; Applicant to confirm where this fencing and gate is proposed. 28. The site appears to have walking trails (passive recreation) installed along the northern side of the property (toward Florida NY) that are not shown on the plans. These trails must be removed because they are less than 100-ft of the property line. 29. The fence line is not continuous on the north side (toward Florida) or the south side (toward Warwick). To maximize screening of the campground from neighbors, the Planning Board may determine that the existing vegetation should remain with No

3 Page 3 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Trespassing signs posted in lieu of removing the vegetation and installing a new fence line; supplemental trees may be added to the Town Planner s specifications. 30. One or more evergreen tree(s) shall be installed at the top of the hill to the Town Planner s specifications when a vehicle on the exit road is facing toward Dussenbury Drive to reduce the impact of vehicle headlights. 31. A note shall be added to the plan stating, No public school age children staying at a campsite shall be enrolled in public or private school based on residency at the campground. 32. A note shall be added to the plan stating, No mobile home, as defined by the Town Zoning Law, shall be located on any campsite. 33. A note shall be added to the plan stating, Black Bear shall keep a daily ledger (by computer or handwritten) tracking the daily occupancy of each campsite, which ledger shall be provided upon request by the Town and shall provide a quarterly report (based on an annual calendar year) to the Town Building Department showing the occupancy status of each campsite, and an annual report showing the final occupancy status of each campsite for the prior calendar year. 34. Declarations for Ridgeline Overlay and Agricultural Notes shall be added to the plan. 35. Payment of site inspection fee for barrier protection installation, etc. 36. Payment of three-year landscaping bond and site inspection fee must be submitted. This site inspection fee must include time for the planner to confirm screening after trees have been installed. 37. Payment of all fees. The following comment submitted from the Conservation Board, dated 8/10/16: Rita P. Smith, Trustee CB has no comment. The following comment submitted by the ARB: Rita P. Smith, Trustee None submitted. Comment #1: Planning Board to discuss SEQRA. Mr. Fink: This is an Unlisted Action under SEQRA. The Board in the year 2015 circulated for Lead Agency. The Planning Board declared itself Lead Agency at that time. We have been reviewing the project with the Long EAF. We consider that to be an extended EAF. I have prepared a draft Negative Declaration based upon all of the questions being answered through the site plans and by the applicant. I had that prepared for the July 19, 2017 Planning Board Meeting. I have made a couple of modifications to it. I have prepared a draft Negative Declaration for the Planning Board s consideration tonight. Comment #2: Applicant to discuss project. Brad Cleverly: You pretty much summarized everything about the project. We were in front of the Board previously. I don t have anything to add to your summary. Comment #3: Conservation Board comments: pending comments Comment #4: Architectural Review Board comments: pending

4 Page 4 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Comment #5: OCPD: 10/21/15 no advisory comments Comment #6: OCDPW:02/11/16 no comments on existing entrance Comment #7: OCDOH: 07/05/17 Department concurs with current project as proposed Comment #8: NYSDEC: 11/21/14 SPDES septic permit _00001, valid until 11/20/2024 Comment #9: NYSDEC: 10/15/14 SPDES stormwater permit NYR10Y583 issued under GP Comment #10: Sheet 1, Note 24 should be updated to state that timing of the Town s annual permit should be coincident with OCDOH annual permit. Brad Cleverly: Will do. Comment #11: Town Board letter dated 06/22/17 delays the enforcement of the removal of all non-conforming structures (not removal of the use) by October 31, Sheet 1, Note 10 must be updated. Brad Cleverly: Will do. Comment #12: A surveyor seal/signature must be shown on the plan. Brad Cleverly: Will show. Comment #13: A note shall be added to the plans with a schedule for the implementation of the OCDOH-approved septic systems, the abandonment of the existing septic systems, the installation of the proposed propane filling station, the installation of the proposed adjacent owner/dumpster screening, and full compliance with the proposed site plan. Brad Cleverly: The propane filling station will be removed from the project. We will put everything else on a schedule. Mr. Bollenbach: Do we want to strike Comment #13? Mr. Astorino: We will keep Comment #13 as a place keeper. Comment #14: If the propane filling station is no longer proposed, it should be removed from the site plan and from Sheet 1, Note 18. Mr. Astorino: Ok. That is there. Comment #15: The Dumpster Pad with Wood Privacy Fence detail on Sheet C-13 should show the dumpster landscaping requirements so that all information relating to the dumpsters is in one location. Brad Cleverly: We will make the change. Comment #16: There should be a note added to the Dumpster Pad detail that all dumpster/recycling locations shall be screened in accordance with this detail. Brad Cleverly: We will add note.

5 Page 5 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Comment #17: Applicant to protect the drop off area from half-way through campsite 89 (immediately east of where the sanitary sewer traverses) to campsite 94 with barrier protection. Brad Cleverly: We will show the barriers. Comment #18: Sheet 1, Note 14 must be updated to state that there are five campsites allowed for year around occupancy. Mr. Astorino: We discussed this. This is for the manager/owner. Is that correct? Brad Cleverly: Yes. We will make that change. Comment #19: The proposed landscaping behind the existing fence between campsites 57 to 62 should be relocated in front of the fence line. Brad Cleverly: We will relocate it. Comment #20: Additional verbiage shall be added to Sheet C-6 to clarify that the landscaping must be installed in accordance with this approved plan except as otherwise approved by the Town Planner. Brad Cleverly: We will add that. Comment #21: Sheet C-1, Note 23 includes only a portion of the Town Code; the balance of that note should be added: With the exemption of those for the resident manager, property owner, and one site manager per 50 campsites. The resident manager or owner shall be on the premises on a regular basis. Brad Cleverly: We will add note. Comment #22: V(2) and (3) requires that quarterly Record of Occupancy reports for each campsite be submitted to the Town Building Department no later than April 30 th, July 31 st, October 31 st, and January 31 st of each year of operations. The quarterly report shall include a map showing the location of each campsite and its occupancy during the preceding calendar quarter. Brad Cleverly: The owner will provide those. Mr. Astorino: As the note states, you will send those to the Building Department. Brad Cleverly: Yes. Comment #23: Y The campground shall have at least one public telephone located where it is accessible to campers 24 hours a day. Brad Cleverly: It does. We will continue to have a telephone.

6 Page 6 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Comment #24: The Town of Warwick Signature Block must be added to Sheet 1 (C-1). Brad Cleverly: We will add that. Comment #25: A note shall be added to the plan stating that when the proposed pavilion and kiddie pool are constructed at some point in the future, those land disturbances will comply with the Town and NYSDEC stormwater regulations in effect at that time. Brad Cleverly: We will add note. Comment #26: There will be a contract between Black Bear Campground and its customers that provides the limitation of the 210 days of occupancy in any 12 month period. A copy of this registration form shall be submitted to the Town Building Department with each annual review package ( Z). Brad Cleverly: Yes. We will do that. Comment #27: The site currently has fencing along the front and rear of the property. Sheet C-12 shows a fence and gate detail; Applicant to confirm where this fencing and gate is proposed. Brad Cleverly: That has been removed. That was part of the propane filling station. That detail is gone. Mr. Astorino: Ok. Comment #28: The site appears to have walking trails (passive recreation) installed along the northern side of the property (toward Florida NY) that are not shown on the plans. These trails must be removed because they are less than 100-ft of the property line. Brad Cleverly: They will be blocked. There will be some brush added or something like that. Mr. Bollenbach: Ted, I think there will be some supplemental screening as well. Is that correct? Mr. Fink: Yes. John that is correct. Mr. Astorino: Let s get through the rest of these comments first. It is in the comments. Comment #29: The fence line is not continuous on the north side (toward Florida) or the south side (toward Warwick). To maximize screening of the campground from neighbors, the Planning Board may determine that the existing vegetation should remain with No Trespassing signs posted in lieu of removing the vegetation and installing a new fence line; supplemental trees may be added to the Town Planner s specifications. Brad Cleverly: Yes. We will do.

7 Page 7 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Mr. McConnell: I would like to note that those signs are to face inward so that the people that are occupying the campground are not trespassing on their neighbor s property. Mr. Astorino: That is right. It is just like what they had done on the back fence. Mr. McConnell: Exactly. It is not the other way around where you are telling others don t trespass on us. I just wanted that to be clear because it is not in that note. Mr. Astorino: Yes. That is true. Thank you. Brad Cleverly: We will use the same size sign as we had used in the back. Mr. McConnell: Thank you. Comment #30: One or more evergreen tree(s) shall be installed at the top of the hill to the Town Planner s specifications when a vehicle on the exit road is facing toward Dussenbury Drive to reduce the impact of vehicle headlights. Mr. Astorino: I went out there with our engineer. There is a spot when you come around the corner. It is well wooded there. But, there is one spot. When you are coming around that corner at night, I am sure the headlights can that will be taken care of as per the last public hearing. You might need 1 tree maybe 2 trees. But, it needs to be there. Brad Cleverly: We will install 1 or 2 trees. Comment #31: A note shall be added to the plan stating, No public school age children staying at a campsite shall be enrolled in public or private school based on residency at the campground. Brad Cleverly: We will add note. Comment #32: A note shall be added to the plan stating, No mobile home, as defined by the Town Zoning Law, shall be located on any campsite. Brad Cleverly: We will add note. Comment #33: A note shall be added to the plan stating, Black Bear shall keep a daily ledger (by computer or handwritten) tracking the daily occupancy of each campsite, which ledger shall be provided upon request by the Town and shall provide a quarterly report (based on an annual calendar year) to the Town Building Department showing the occupancy status of each campsite, and an annual report showing the final occupancy status of each campsite for the prior calendar year. Brad Cleverly: We will add note. Comment #34: Declarations for Ridgeline Overlay and Agricultural Notes shall be added to the plan. Brad Cleverly: Will do.

8 Page 8 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Comment #35: Payment of site inspection fee for barrier protection installation, etc. Brad Cleverly: Ok. That will be paid. Comment #36: Payment of three-year landscaping bond and site inspection fee must be submitted. This site inspection fee must include time for the planner to confirm screening after trees have been installed. Brad Cleverly: Yes. Comment #37: Payment of all fees. Brad Cleverly: Yes. They will be paid. Mr. Astorino: This is a public hearing. If there is anyone in the audience wishing to address the Black Bear Campground application, please rise and state your name for the record. Mr. McConnell: Do you want give the basic rules for the comments that this is not a forum to engage the applicant? Mr. Astorino: Yes. Comments are made to the Planning Board. It is not to the applicant. Please address the Planning Board. Richard Hopkins: I have many concerns. I live at 11 Dussenbury Drive. I have been living there for 30 something years. We have heavy weather and rain runoff. In fact when they originally built my house they put a troth there. There are many springs up on the mountain. If you start digging in there those springs are going to leak. I want to put whoever on notice that I plan on suing whoever if I get water on my property. Mr. Astorino: I am glad that you pointed that out. I took a walk probably behind your house. Richard Hopkins: Good. It is pretty hilly there. How close do you plan on building over there? Mr. Astorino: They are not. They are not coming down any further there. That is where those so called recreational trails are. We just spoke about that for those to be removed. There is quite a distance. Richard Hopkins: It is a big piece of property. Mr. Astorino: They are not putting any campsites down there at all. What is there now that is it. It is a good point. I will bring that point up to the Board. We walked through that whole piece. Richard Hopkins: There are natural springs. We do not have the drainage on our street to handle that. Mr. Astorino: No.

9 Page 9 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Richard Hopkins: The drains only go one way. They don t go up and down. Mr. Astorino: Yes. We drove through Dussenbury. Richard Hopkins: Good. I am glad that you noticed this. We have gotten a lot of water and winter runoff. A lot of those houses only in the last few years have been drier. They have constant springs. My neighbor had just dug a small swimming pool. He hit a spring. We had such a mess. We had to clean it up right next to me. Mr. Astorino: Ok. Richard Hopkins: I am also concerned about the amount of transient people that are going to live there. I am not thinking that it is like a campground. It is like a trailer park. Mr. Astorino: As we had pointed out, they have to provide to the Town with records. We know in the past there had been issues. Richard Hopkins: Are these people going to the Florida Schools? Mr. Astorino: No. They can t go to school. Richard Hopkins: We are paying a lot of taxes. Am I going to be looking at a guy sitting in a tent with a barbeque out in my backyard? Mr. Astorino: Do you see them now? Richard Hopkins: No. Right now, it has been peaceful. It is all woods out there. They are way down on the other side. They don t impact anybody. Mr. Astorino: Ok. Richard Hopkins: It is not an area where people come to enjoy the wilderness in Florida. I think they are passing through or they are transient workers that are going to stay there and work in the area for a while. Mr. Astorino: There is a limit on how long they could stay according to the Code. Records have to be filled to the Town on a quarterly basis. Richard Hopkins: Ok. The other problem we always get is that they leave their pets behind. Our neighborhood has been inundated with their leftover pets. A lot of times they cut through. They are going to be closer to us. Mr. Astorino: There would be no construction towards you. What is there is there. Why they are before us is because they have done it already. Richard Hopkins: Have they done it already? Mr. Astorino: Yes. That is why they are here.

10 Page 10 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Richard Hopkins: All right. I am worried about the water problem. That is why I came here tonight. Mr. Astorino: Yes. I probably walked near your backyard when I was out there. Richard Hopkins: That is ok. Mr. McConnell: A lot of our comments that our Chairman had read off just after introducing the project, our comments that were of concern were addressed by the Town Board. It included the notion of school children going to Florida Schools. In terms of you saying turning it into a trailer park, that is why the Town had put a limit on how long they could stay there. Richard Hopkins: How long is that limit? Mr. McConnell: It is for 210 days. Richard Hopkins: That is a long time. They can t send kids to school. Is that correct? We are paying a ton of taxes in Florida already. Mr. McConnell: They can t send kids to school. Richard Hopkins: I have to look at all of you and say, would you want a campground in your backyard? You would probably not. Mr. McConnell: I probably would not mind. It is not a bad business. Anyway, that is why they are here. They have done this already. The Town Board has addressed a lot of these concerns. Richard Hopkins: This has already been done. Is that correct? They have already dug this whole thing. Mr. Astorino: They are in violation. That is why they are before the Town of Warwick Planning Board. Richard Hopkins: Are they going to get any closer to my property? Mr. Astorino: No. Mr. Showalter: No. Richard Hopkins: All right. They are not going to do any digging up there. Is that correct? Mr. Astorino: The only thing that they have is if and when this site plan receives approval, they have septic systems that will be removed and septics that will be added. That is as per the Orange County Dep t. of Health. Richard Hopkins. Ok. That is good that they have septics there.

11 Page 11 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Mr. Astorino: There has to be septics there. It also has to be done correctly. There were septic issues before. I am sure it will be mentioned again tonight about that. Richard Hopkins: They have already dug this place out. They have built these campsites. Mr. Astorino: These campsites are already there. Richard Hopkins: All right. I will not be seeing a tent behind my house. Mr. Astorino: No. Where you are located, your buffer is already there. Richard Hopkins: What is the buffer? Is there an amount of footage? Laura Barca: It is 100-foot buffer. Mr. Astorino: It is 100-foot buffer. You are more than 100 feet on Dussenbury Drive. As Mr. McConnell had said, there will be signs put up. Richard Hopkins: How many feet before they start building? Mr. Astorino: They will not be building there. Richard Hopkins: I don t see them. Mr. Astorino: If you don t see them now, you will not see them. Richard Hopkins: They could come back in the future. Mr. Astorino: No. You will not see them. If you do see them, then make a call to the Town of Warwick Building Department. Richard Hopkins: All right. There is a lot of water that comes out of there. We get heavy winters. Mr. Astorino: There is a good slope that comes down by you. Richard Hopkins: I know. It is very steep. Thank you. Mr. Astorino: Is there anyone else wishing to address the Black Bear Campground application? Teri Gott: I am from the Village of Florida. They do not plan on putting the fence up. Is that correct? Mr. Astorino: Are you talking about down by Dussenbury Drive? Teri Gott: Bates Circle. Mr. Showalter: Are you the last house on Bates Circle?

12 Page 12 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Teri Gott: Yes. I am the last house. Mr. Astorino: We walked in there with our engineer and a maintenance worker that works in the campground. There are a lot of trees in there. Teri Gott: I don t want a fence in there. That is what I am getting at. Mr. Astorino: If the Board were to say to them tonight that we want them to install the same fence that you have up top, you are going to be tearing down so many trees and have a bulldozer to clear it. It would be a disaster. Teri Gott: Yes. That was what I was getting at. Mr. Astorino: We had seen the recreation trails in there on Dussenbury Drive and we told them to get rid of them. That is where we are at. Teri Gott: Ok. So they are not. Thank you. Laura Barca: There will be no trespassing signs that will indicate to the people that they can t cross and not to go any further. Mr. Astorino: Is there anyone else wishing to address the Black Bear Campground application? Elistair Freser: I have a question about septic and water. Could you be more specific about how it is operating? What type of septic? Are you talking about just trenches and a tank? I am concerned about leakage down the bottom of the hill. Dussenbury is at the bottom of the hill. I would also like to know about the water treatment and wells. Mr. Astorino: Laura, can you explain the process? Mr. Freser, are you on Village water? Elistair Freser: Yes. We are going to end up dry because they will be sucking it up. I am not just talking about now. I don t know when they put these illegal sites in. There could be in the future dryness or seepage. Laura Barca: These septics have been reviewed and approved by the Orange County Health Department. In a situation like this, it doesn t fall under the jurisdiction of the Town. In this case with every septic system that you put in there has to be a certain separation distance from any wells that are out there. That has been complied with. In order to design a septic, you have to do soil testing to know what kind of soils are out there. Depending on the type of soils that are out there, dictates how many linear feet of piping of the actual septic system that gets installed. That has all been done and worked through with the Health Department. Elistair Freser: Although they are not in compliance with zoning by doing this they did construct it properly. Is that correct? Laura Barca: They constructed some of the septics properly. The reason being is that they are only permitted right now by the Town to have 74 campsites. There are 74 campsites that have permitted septics.

13 Page 13 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Elistair Freser: I thought you had said they are not in compliance. Mr. Astorino: They are in compliance. Laura Barca: All of the campsites are there. Elistair Freser: Ok. They only can use 74 of them. Laura Barca: Correct. Elistair Freser: The other thing is that you had said about the 210 days. I do know that in the past they are a half year round campus. Who is responsible for insuring about the schooling? Mr. Astorino: That is why we went through these comments. The Town of Warwick Building Department is to be supplied quarterly reports and annual reports. If they don t do that, they would be in non-compliance with their site plan. Elistair Freser: I could write you a report and tell you want you want. Who is going to go up in January to insure? Mr. Astorino: The Building Department would have to go up and make inspections. Elistair Freser: So the Building Department is responsible. Is that correct? Mr. Astorino: Yes. That is their job. They are the enforcement arm of the Town of Warwick. Elistair Freser: So if I see something up there in January, we would call the Building Department, but not the Police. Is that correct? Mr. Astorino: You could also call the Police. Elistair Freser: Ok. Mr. Astorino: It is the Town of Warwick s Building Department s job. If or when these plans get approved, they would have to comply with all of the requirements that are here. It has to be done even before they get signed. Once they get signed, then it has to be filed. Once the maps get files, then they have the right to go up there and do their work. Then all of these come into play. Then if they do not, if the Building Department decides to make their inspection, you can give a phone call to them if you see something going on like someone going to school. It would be pretty hard not to see a school bus. Elistair Freser: They could walk into town. How do we get a set of drawings to inspect? Mr. Astorino: You could stop at the Planning office. You can speak to Connie. Elistair Freser: Ok. Thank you.

14 Page 14 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Mr. Astorino: Is there anyone else wishing to address the Black Bear Campground application. John Furst: I am an attorney with Catania, Mahon, Milligram & Rider, PLLC. I represent the Neemans. I have a letter to submit to the Board dated August 16, I will summarize it briefly. Some of the issues we have already discussed. I just wanted to clarify that they are approved for 74 campsites. But they are operating 160 to 170 campsites right now. They have been operating these sites for decades. One of our concerns and we touched on it at last month s meeting. If this Board decides to approve the site plan they have to essentially require the applicant to make the proper septic installations and to make the proper landscaping installations before they allow more than 74 campsites to be used. Essentially they should only be able to use the 74 sites until they operate the septic systems or install the septic systems and install the landscaping and any other mitigation measures that you are proposing as conditions of approval, if you decide to approve this. Given their track record, they are going to paper everything. Our concern is that they are not going to follow up. Mr. Astorino: John, Laura and Ted, I think we had talked about a timeframe for plantings and for having this stuff done. Is that correct? Laura Barca: There will be a schedule put on the site plan. Mr. Astorino: Exactly. Your point exactly is taken that this will be done in a certain timeframe. John Furst: Does the note specifically say that they can only operate 74 until these things are done? I think that is important. Mr. Astorino: That would be something that we would discuss as a Board. John Furst: Like I had said they have been operating 160 sites for the last ten, fifteen, twenty years. Mr. Astorino: That is why they are here. I have explained that numerous times. John Furst: Right. That was our first point. My second point is that I don t think the Board can actually approve this site plan. They need to go back to the ZBA. Under the Code there is a provision, a sunset provision, in your Campground Regulations. It talks about that any non-conforming structures shall be removed. We talked about this at last month s meeting. There are numerous non-conforming structures within 100 feet. The 100 feet is the setback requirement for campgrounds. There is a laundry facility that is about 60 feet from my client s property. That should be removed. The variance that they received from the ZBA only allowed the campsites. It only allowed specific campsites. It never addressed the other non-conforming structures that are within 100 feet. I think as a Board you cannot approve a site plan when there are non-conforming structures or when they show specific violations on a site plan. I think it needs to go back to the ZBA. They have to apply for a variance in order to operate any non-conforming structures that exist within 100 feet. These are non-conforming whether they are legal non-conforming or illegal non-conforming structures. Either way, anything within 100 feet needs a variance. It is similar to how the campsites needed a variance. I think they also need a

15 Page 15 of 59 Town of Warwick Planning Board Minutes August 16, 2017 variance in respect to use. They actually stated in their Article 78 proceedings that this campground is more than just for vacationers. It is for construction workers that are on long term construction projects. Campgrounds under the definition are for people vacationing and camping. It specifically says for vacationers. If they are going to offer these sites to local construction workers that are not vacationing regardless of how many days they are going to stay there, I don t think that is relevant. You have to be vacationing. It is not only a limit of 210 days. I think you have to be vacationing even if you are staying there a week, two weeks, or 30-days. I think it turns it essentially into a mobile home court. I think it would need a use variance from the ZBA. The last issue is with the recreational facilities. I understand they are not proposing any lighting for the basketball court, shuffleboard court, and the pool. All of those structures are anywhere from 100, 200, 250 feet from the property line. I find it hard to believe that they are not going to have any lighting for these recreational facilities. Essentially everything will go dark at night. That doesn t make sense to me. That is a public safety issue. In the interim, it could create a lot of problems. Given their history, what is really going to happen is that they will get their approvals. They won t have lights. Two or three years down the road, they will figure out some way to light these facilities. They probably won t get the necessary approvals or relocate these facilities. Once you light a facility, it has to be 200 feet from a property line. A lot of these recreational facilities are closer than 200 feet. That is it. I think there are 3 or 4 issues here that have to be referred to the ZBA for clarification or essentially variances before the Board acts on this site plan as it exists. Thank you. Mr. Astorino: Thank you. Is there anyone else wishing to address the Black Bear Campground application? Daniel Harter: I was listening to what the Board had said. You probably walked by my house also. Mr. Astorino: We probably did. Daniel Harter: My concern is that it was a little bit hazy about 1 or 2 trees. I would recommend at least a minimum of 3 trees. I would make a minimum guarantee that those trees live for at least 5 years. Mr. Astorino: We have in our Code that it is a 3-year Landscape Bond. Daniel Harter: Ok. Mr. Astorino: We don t change the Code. They have from the time they are planted until survivability. Daniel Harter: Ok.

16 Page 16 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Mr. Astorino: Regarding having 3 trees, I am not an arborist or a landscaper. With me looking out there, we will have our Planner go out there. I thought 1 or 2 trees. Maybe 3-trees are required. I don t think that would be an issue. We have a note written down as to our Town Planner s specifications. When Mr. Fink goes out there and says we need additional trees, he will let us know. It is that spot coming around the corner. We had seen that right away. Daniel Harter: Ok. That was my biggest concern regarding the trees. I ve done projects. I know that evergreens in the wintertime the deer get hungry. If they are not protected, they are right low to the ground. They would be stripped. Mr. Astorino: There is a size that is required. Daniel Harter: Ok. Mr. Astorino: We are talking about 6 or 8-foot trees. Daniel Harter: That would be good. Mr. Astorino: We want screening immediately. We don t want to wait 6 years for them to grow. Daniel Harter: Ok. My other concern is that you were talking about the trails. Their response was a little fuzzy that they are going to put stuff there. Mr. Astorino: They will remove the trails. Daniel Harter: They are going to remove the trails which means they are going to be blocked off. Mr. Astorino: They are going to be blocked off. No one would be allowed down there. Daniel Harter: Ok. Would there be no re-plantings for that? Mr. Astorino: It is more of a little walking trail. Laura Barca: There will be no trespassing signs placed there. Daniel Harter: Ok. That is good. Mr. Astorino: Yes. They have to keep in mind that if they see campers go down there, they cannot go down there. They have to put up signs. Daniel Harter: That was my concern. Mr. McConnell: If you see campers go down there call the Building Department. Daniel Harter: I did on July 29 th. I had a family wonder through my yard looking for a shortcut to the main office.

17 Page 17 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Mr. McConnell: I get that with the property next door to the High School. I get people wondering through my yard. They would be required to put up no trespassing signs. At that point if you see people who are in an area that they shouldn t be then drop a dime to the Building Department. There is only 6 or 8 of us. We can t be out there all the time. We are going to rely on you. Daniel Harter: I am not expecting you to. That was why I am telling you the exact date and time at 9:00. It did happen. Mr. Astorino: Even if it happened on a weekend, make a call to the Police Department. Make a report. It will get up to the Building Department. They are well aware of this project. I have had numerous conversations with them about this on a daily basis. There a lot of notes and stuff here. The history is there. There is no denying it. This Board won t deny the history of it. Daniel Harter: How many posted signs would they be required to put on those fences? Mr. Astorino: It would be every so many feet? Brad Cleverly: It would be every 100 feet. Mr. Astorino: They are quite visible. Daniel Harter: What color will they be? Are they going to be red or yellow? Mr. Astorino: What color are they up there? Brad Cleverly: They are red and white. Mr. Astorino: Ok. They are red and white with red lettering and white background. Is that correct? Frank Merrick: No. They are green and beige. Laura Barca: Yes. They are green and beige. Daniel Harter: Green and beige are colors that blend in with a lot of things in the summer time. Mr. Bollenbach: Ted, you were up there. You had seen the signs. They were quite visible. Mr. Astorino: The ones that are up there are on the chain-link fence. The ones that we are talking about are going to be in a wooded area. Daniel Harter: Yes. Mr. Astorino: If you want red signs like the no hunting ones, the applicant can put those up. It would not be an issue to the applicant.

18 Page 18 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Brad Cleverly: Once they are up. They will really be visible. You can t really miss them. They will be quite visible signs. Daniel Harter: Is there going to be any maintenance done to the signs? Would they have to be refurbished every few years? Mr. Astorino: The signs that they have up are like a vinyl coated. They would last for years. Daniel Harter: I know if they are on chain-link, they would last forever. But if you are going to tact them on trees the trees will grow. Laura Barca: They are going to have a fence post. Daniel Harter: Ok. What kind of posts? Brad Cleverly: They would be steel galvanized posts. Daniel Harter: I know right now the fence they had put up they are using posts that are T-posts which are not galvanized. They are painted. I just want to make sure they have something that will last awhile. That way we don t have to come back here to say they rotted away. Mr. Astorino: They will be required on the site plan. Again in 3 years, you see a post fall down and you see it in your back yard, then give a call to the Building Department. Mr. Bollenbach: There is also an annual renewal requirement. The applicant has to come in and get an annual renewal through the Building Department. These site plan conditions and all of the map notes on here, it is not a one shot deal. It is an ongoing requirement that they maintain everything as it is presented on the site plan. Daniel Harter: Ok. Excellent. Thank you. Mr. Astorino: It does make enforcement a lot easier if it is on a piece of paper. It is stated here. There is a map note stating what they have to do. Daniel Harter: Ok. Thank you. Mr. Astorino: Is there anyone else wishing to address the Black Bear application? Larry Cuccio: I live at 21 Dussenbury Drive. I have been living there for 38 years. I have had some of the experience that I have had with the Black Bear Campground. Many of the issues have been addressed right now. My concern is if you walked the property at my property you will see that I have swales on the borderline and along the side. I still get a lot of runoff from that hill. Mr. Astorino: Yes. That is a steep grade.

19 Page 19 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Larry Cuccio: Years ago, one of the first years that I was in there the manager of that campground actually bulldozed a swath all the way down to my property line. I don t know why. He thought I was dumping stuff on his property. I was not dumping stuff. As revenge, he actually bulldozed down a whole swath down to that property line. It took me many years to try to alleviate that runoff. I still get a lot of runoff. If you have walked the property, you have seen it. Is there anything they plan to do to alleviate some of that runoff? Mr. Astorino: Do you mean as far as a number of plantings? It is pretty wooded down there. Everywhere we walked down there was a pretty dense area. I don t know how long ago that bulldozing was done. We did see some swales. That wooded area is very thick. To try to put plantings in there, Ted correct me if I am wrong that is a pretty well canopied area. I don t know if they would grow. Ted, we could put a note on the plans. We could take another walk down there. We could walk on some properties again. Mr. Fink: Yes. Mr. Astorino: If there are a couple of trees that could be put in to alleviate that, we could do that. Maybe, we could put in a comment to the Town Planner s specifications. Laura Barca: Ben, you also have to make sure you are on Black Bear s property. Mr. Astorino: I understand that. It can t be on your property. If it is on their property and there is a spot within a swale. I didn t see a direct swale running to anyone s property. We walked every point of the site. I would be more than happy to take another walk there. Ms. Little: Can you do anything other than trees? Can you get someone in there to build their own swale to redirect the water? Mr. Astorino: I don t know. Even looking at it for a fence, I don t know. Ms. Little: I haven t been there. You walked it. Mr. Astorino: When Laura and I went out, it was so thick with the trails. To bring a machine or skid steer in there to cut those trees and clear those stumps, you would have a lot more problems than what you think. I don t want any part of that. Ted and I could take another walk out there. If there is something that could be done, then we could do it. Larry Cuccio: Thank you. Mr. Astorino: Is there anyone else wishing to address the Black Bear application? Sue Wheeler: I have some similar concerns about this going from a campground to a trailer park or a mobile home park. Regarding the 210 days, is that 210 days together or across the whole year? Mr. Astorino: I believe it is through the whole year. John, is that correct? Mr. Bollenbach: It is through the whole year.

20 Page 20 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Sue Wheeler: The school year is 180 days. Mr. Astorino: There will be no school age children. Sue Wheeler: There is a provision in the Ed Law that if a student is staying in a campsite or trailer temporarily the school has to take them. Mr. Astorino: John, did you research that? Mr. Bollenbach: This is a note that the applicant has offered. Sue Wheeler: If someone is going to be there 30 or 45 days, then they are going to school. The school has to take them. Mr. Astorino: The school would have to take them. But they would be in violation with the Town s Zoning Law. That would shut down their operation. Sue Wheeler: There was a concern about the water table. I have lived there for a long time. The water table has been going down. Whether that is the campground or just in general, I can t tell you. Adding all of those wells or additional wells will affect the wells of everyone else that lives there. Laura Barca: They are not adding any wells. Sue Wheeler: How many wells do they have? Laura Barca: Two or three wells. Sue Wheeler: They have been using the water that is in those wells. It is affecting the water table. When I try to use my outdoor hose the well pump goes dead. It is not the pump. It is the well. There is not enough water to be pumped. Laura Barca: Right. Sue Wheeler: There is an effect on the number of people staying there and using those wells. The other question that I have is what is considered a structure 100 feet from the line? Mr. Astorino: As far as what? Sue Wheeler: From the roads. Are paved roads considered structures? How far away do they have to be from the lines? Mr. Astorino: There is no setback for the road. Sue Wheeler: There is no setback at all. It could be right up against your property line. Is there no screening or anything? Mr. Astorino: We just discussed the screening.

21 Page 21 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Sue Wheeler: You were talking all about the screening on the Dussenbury side or the back side. There is screening on Wheeler Road. There is screening opposite of Dussenbury Road. Mr. Astorino: Towards where? Sue Wheeler: It is towards Union Corners Road. I didn t hear anything about that. That is what I look at directly. You can see and hear the traffic coming up that road. Mr. Astorino: You could also hear traffic from Union Corners Road. Is that correct? Sue Wheeler: On the road yes, you can hear the traffic at night from the vehicles going up the paved road and around the corner. Mr. Showalter: Do you live on Wheeler Road? Sue Wheeler: I live right across from the campground right on the corner. You can definitely hear the diesel trucks, workers trucks, and the mobile homes. They also by the way come up to the corner by Wheeler Road and Union Corners Road and turn those mobile homes around. They do it somehow. I don t know how they do it. They do it. Mr. Astorino: I can t stop that issue. We had OCDPW review their entrance. It is a County road. They had no issue with the entrance. Is that correct? Laura Barca: Yes. That is correct. Sue Wheeler: My main concern is that this whole idea of it not being a campground. Mr. Astorino: As our attorney had pointed out, it is for 210 days. That is the Code. The Planning Board does not write the Code. It is the Town Code. Sue Wheeler: Ok. Ms. Little: Which direction are they going in when you were saying they have to do that loop? Sue Wheeler: They come up from Florida up to that corner. They then somehow turnaround and go back towards the campground. Mr. Showalter: If they are coming from Florida and bear onto Wheeler they realize they are not on Union Corners Road. They go to that little triangle to make that left turn to go back onto Union Corners Road. Mr. McConnell: They have missed the sign. Mr. Showalter: Yes. Sue Wheeler: Thank you.

22 Page 22 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Mr. Astorino: Is there anyone else wishing to address the Black Bear Campground application? Sally Burns: My main concern is that you are talking about putting up trees by the Dussenbury Road side. Mr. Astorino: That came from you. We took a ride there. Sally Burns: I am on the southern point. I didn t hear you mention about putting trees there to cover that open space. Mr. Astorino: Where are you exactly? Sally Burns: I am right against them towards Warwick. Mr. Astorino: We had also walked that. That is also pretty wooded there. Sally Burns: There is a whole section that is completely open. That is where I see all of the trucks with lights. Mr. McConnell: Seeing the trucks is one thing. Are you getting headlights in your living room? Sally Burns: I didn t say that. I said with the trucks going up. Mr. Astorino: When they come in, you are saying that they go up the hill. You are to the right of that. Is that correct? Sally Burns: Correct. Mr. Astorino: Ted, we will have to check that out again. Mr. Fink: Yes. Mr. Astorino: We do have a note in here that allows the Town to screen to the Town Planner s specifications. I personally had walked that. I was probably also by your property. We had seen the old stonewall and the old barb wired fence. Laura Barca: Do you remember that there was a little barn or a house? Mr. Astorino: Yes. Sally Burns: Yes. Mr. Astorino: Ok. We were by your property. Ted, we will take a ride there together. If we missed something, we will take care of it. Mr. Fink: Yes.

23 Page 23 of 59 Town of Warwick Planning Board Minutes August 16, 2017 Mr. Bollenbach: Comment #29 addresses that. It states the fence line is not continuous on the north side towards Florida or the south side towards Warwick. There will be supplemental screening to the Town Planner s specifications. Mr. Astorino: Ok. Sally Burns: Ok. Mr. Astorino: We will go out there. Sally Burns: Thank you. Mr. Astorino: Is there anyone else wishing to address the Black Bear application? Elistair Freser: What is the regulations for noise ordinance over there? We don t hear them often. Mr. Astorino: There is a requirement there. That is a decibel level at the property line. Is that correct? Mr. Bollenbach: Yes. There are decibel level requirements. Mr. Astorino: There is a Town Ordinance. Elistair Freser: Is that in the requirement that they would be quiet by 2:00 a.m. or Midnight? Mr. Astorino: I think it is just a noise ordinance that says if there is any certain amount of decibel levels. For example, we had done it down at Mid-State Lumber that was a commercial operation. There is a certain decibel level. They have a decibel meter in the Building Department. If there is an issue, they would go out there and measure the decibel level. Elistair Freser: Ok. Thank you. Teri Gott: If you go onto Black Bear s website, they have their own ordinance. On their website it states 10:00pm. Mr. Astorino: Their ordinance I am not really concerned about. Teri Gott: Their ordinance says 10:00 p.m. Mr. Astorino: I understand that. I assume they wouldn t want to have trouble up there. Teri Gott: Right. That is what I am saying. Mr. Astorino: Thank you. Is there anyone else wishing to address the Black Bear Campground application?