Middletown planning board delays vote on O'Reilly Auto Parts site plan over easements, historic and wildlife checks

Sam Burton of Boehler Engineering told the City of Middletown Planning Board on Oct. 2 that the applicant, O'Reilly Auto Enterprises LLC, is proposing a new 7,000‑square‑foot retail auto parts store at 183 Dolson Avenue and is seeking site‑plan approval and a special use permit.

"The applicant's looking to construct a new 7,000 square foot, retail auto parts store," Burton said, describing a proposal that would provide 35 parking spaces where 24 are required, a five‑foot retaining wall at the rear to address grade changes, and a shared access drive that runs through the property. He said the team has been coordinating with the Department of Public Works and responding to an engineering review letter from CPL.

Board members focused on a set of unresolved property‑control and environmental items. Burton said the applicant is proposing to terminate or relocate an existing 50‑foot easement and replace it with a shared‑access agreement that would be recorded with the county. He said the applicant has verbal agreements with neighboring owners and is drafting maintenance language but had not delivered executed easement documents to the board.

Planning board members also asked for confirmation from state and regional reviewers. Miss Houston questioned the environmental review form and whether the site or adjacent land fell within an archaeological buffer; the applicant said he believed the site is within a consultative buffer and offered to provide the New York State Historic Preservation Office (SHPO) documentation in writing. The board discussed a related concern raised by Miss Witt about possible impacts to a bat species in the area; the applicant said identifiable wetlands lie offsite and suggested a field visit or a biologist survey if necessary.

Staff and the applicant also discussed buried utilities and rights the city holds in a 20‑foot frontage easement for sewer infrastructure. Burton said his team had obtained a subsurface utility locate and did not find active utilities in the 50‑foot shared easement being considered for termination.

Given that the board had not received a SHPO letter or executed easement agreements and that CPL still had coordination comments, the planning board decided to keep the public hearing open and adjourn the application for further consideration so those items can be provided and reviewed. Chair/Unidentified Speaker summarized the board's preference that draft agreements be in hand and, if possible, executed and filed with the county prior to final approval; the applicant said it expected draft agreements to be in progress and hoped to have executed documents in less than two weeks but acknowledged other parties could delay the timeline.

Motion and next step: Mister Brito moved and Miss Witt seconded a motion to keep the public hearing open and adjourn the O'Reilly matter for future consideration; the motion passed on a roll call. The board said it would revisit the application at a subsequent meeting after receiving SHPO documentation, finalized easement language and outstanding CPL/DPW coordination items.