Turtles? a Pavilion, Trampolines & when does a "new business model" require Zoning Waivers?

The November 7 Planning Board meeting was quite colorful in the imagery involved in the projects discussed. The public hearing for Kimmel Subdivision at 325 Pine Ridge Drive was closed and the planner was directed to prepare resolution approving subdivision application pending confirmation from the DEC that there are no turtles on the property (it is not clear why turtles were the focus of discussion).

The public hearing for the The Mid-Hudson Islamic Association's request for lot consolidation and to build an open sided pavilion, a graveled area for overflow parking and basketball court elicited no public comments and the planner was authorized to prepare a resolution for the property on All Angels Hill Road.

K-9 Clippers at 102 Chelsea Road also had a public hearing, that elicited no public comments and the planner was directed to prepare a resolution for their special use permit.

The resolution drafted by the planner for the special use permit enabling a construction for a Trampoline Park at 1357 Route 9 elicited nary a bounce - including by the applicant who was not present at the meeting and was approved.

And then.... drum roll... the "suits" from CarMax Auto Superstore - proposed for 1105-1115 Route 9 rolled in. Their attorney began the fanfare by entering a few items into the record: a Letter from CarMax to Dick Thurston explaining their support for the Route 9 Water and Sewer project (guess no one told them that the grant required to fund this effort was turned down), a letter from the executor of the estate of the former owner of the property, explaining that the property is very difficult to sell because it doesn't have water & sewer (isn't that something that market forces help resolve?) and the resume of a lighting consultant who was part of the pack.

A CarMax executive then began by explaining that the Zoning Code, while it might be appropriate for "traditional" auto dealers, is not suited for the New Business Model that has made CarMax very successful and treated everyone to a rendition of how CarMax has improved their productivity and efficiency to the point where additional parking is required and that they have done everything they can to accommodate the town code, but since 40-50% of their revenue comes from services, they need more parking for employees/customers etc. After an executive session -- the board agreed to a waiver of an additional 10 car spaces (a 33% increase - not the over 100% requested).

The Board also indicated that they did not want to agree to the waivers requested for the lighting - fairness and precedence a concern. The lighting expert then spent some time reviewing his credentials and how the International. Dark Sky Association did not account for safety requirements, and that their recommendations are for an "average" not a maximum as is represented in the Town Code - and that in his opinion lights mounted on a 15 foot high pole would actually provide more refection than a higher pole --- and his design of lights that also include internal louvers to provide glare control - is better suited to the town's objective of lowering nightsky light levels and not being a distraction to neighbors. They used the executive session time to measure the lighting in the Town Hall parking lot and measured it at 28 foot candles which is above the town code requirements.

The Plans will be revised - to including some delineation of parking, fire lanes - and will be submitted to the board prior to a public hearing being set.