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TOWN OF WALLKILL PLANNING BOARD

MEETING

JUNE 18, 2003


MEMBERS PRESENT: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, G. Monaco

MEMBERS ABSENT: P. Owen

OTHERS PRESENT: G. Barone, D. McGoey


1. PUBLIC INFORMATIONAL HEARING - INGRASSIA/ISSEKS - Zone Change Request - MI to RA - Ingrassia Road (49-1-4.22)

G. Lake: Public Informational Hearing started at 7:32 P.M.

A. Ingrassia: I was here about four or five weeks ago. Actually I am here for a recommendation from the Planning Board now. I told you what my feelings were and why. It is fifty six acres, fourteen acres north of Ingrassia Road and the rest is on the southerly side assuming the road runs east and west. I daresay that probably forty to fifty percent of it are wetlands. I recall when it was originally zoned, it was originally zoned MI because the railroad was there. That railroad hasn’t been there in a long time and I don’t think we’re ever going to see another one. I can’t conceive of that land ever being used for either commercial or industrial purposes. If it were changed to RA you might be able to get four or five building lots out of the whole fifty acres. That would increase the valuation without putting too much of a strain on resources of the Town. If it remains as it is the wetlands are just going to increase and nothing can be done with it. I’ve owned it for approximately forty years and really it’s time at my age that I did something with it. I would really request that the Board strongly consider changing the zone from MI to RA. I don’t know if there are any objections to it. I see Mr. Townsend is here. He owns the property, I think, immediately across the old railroad tracks on the westerly side. I would appreciate what ever you can do.

G. Lake: Again, we only recommend to the Town Board.

A. Ingrassia: I understand that.

G. Lake: Let me go through the Board before I open it to the Public.


A. Dulgarian: After the Public.

R. Carr: Same.

G. Luenzmann: After the Public.

G. Monaco: After the Public.

T. Hamilton: Same thing.

G. Lake: Is there anyone from the Public who wishes to speak on this application?

MOTION to close the PUBLIC INFORMATIONAL HEARING at 7:35 P.M. made by A. Dulgarian and seconded by G. Monaco.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

G. Lake: I will go back through the Board. The big issue here is really Dick’s comment that it does not touch in the RA and the Planning Board historically has not allowed to do any spot zoning. I cannot answer whether the Town Board can do that or not.

A. Dulgarian: I agree with you. I believe it’s out of our hands because of that exact reason. I think that the Master Plan Review Committee should review it and if they deem it should be so out there then, so be it but at this point I don’t believe there is anything we can do.

R. Carr: I second that. Not only would it be spot zoning but I think the Master Plan Review Committee and Planner should be involved. It makes sense to have them take everything in some sort of a plan.


G. Luenzmann: Just one question and then I will have a statement. This is located on Ingrassia Road. Is that down towards . . .

A. Ingrassia: It’s right where the old main line Erie Railroad.

G. Luenzmann: Right, down towards . . .

A. Ingrassia: It was part of the old Peet Farm. If you’re coming from Pilgrim Corners, and crossed the old railroad bed on the right, it’s right there and going back towards Davidage Park and the City of Middletown.

G. Luenzmann: I’m familiar with the area. I just wanted to clarify the location. Ingrassia Road is a very beautiful residential road further down. In that area it does seem to me it could be an MI zone. I would leave it up to the Town Board. We don’t really have the authority to do that and make a determination on it. I think the Town Board has to take a look at this in terms of how they’re going to recommend zoning for the entire Town.

G. Monaco: I think it should go before the Master Plan Review. I don’t think is for us because it would be spot zoning.

T. Hamilton: Being that it’s not contiguous with any RA, we cannot recommend the zone change. The Master Plan Review Committee and the Town Board will have to make that determination.

G. Lake: I think Mr. Luenzmann is right about it being mostly residential but unfortunately I think our hands are tied. I don’t think we can even recommend a spot zoning. Mr. Barone, just sent this to the Town Board and just leave it up to them?

G. Barone: Refer it back with a “no recommendation”.

G. Lake: It would be totally up to them.

G. Barone: That is correct.

T. Hamilton: Mr. Barone, on that letter going back to them we should stipulate that our feelings it would be spot zoning, not just a no recommendation.

G. Barone: Correct. You felt you could not take any action because it was not contiguous to any RA parcels and in view of that have referred it to the Town Board.

T. Hamilton: I just wanted to clarity that it wasn’t just saying no recommendation by us.


MOTION for recommendation to TOWN BOARD no action by the Planning Board because the property is not contiguous with the RA zone made by T. Hamilton and seconded by G. Luenzmann.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES


2. PUBLIC HEARING 7:30 P.M. - RHINEHART - 2 LOT SUBDIVISION - Wye Road/Coutant Road/Route 302 (5-1-69) #020-003

G. Lake: Public Hearing started at 7:41 P.M. C. Kelly read the Public Hearing notice.

C. Kelly: NOTICE IS HEREBY GIVEN that a PUBLIC HEARING of the Planning Board of the Town of Wallkill, Orange County, New York, will be held at the Town Hall at 600 Route 211 East, in said Town, on the 18th day of June, 2003 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of William O. & Linda S. Rhinehart, for approval of two lot subdivision along the north west side of Coutant Road and NYS Route 302 and Wye Road under Section 249-40 of the Zoning Law of the Town of Wallkill. All parties of interest will be heard at said time and place. S/Gary Lake, Chairman

D. Yanosh: I am the surveyor for the project.

G. Lake: Do you want to give us a brief description of what you want to do?

D. Yanosh: It is an existing 4.9 acre parcel of land on the corner of Coutant and Wye Road.
It has an existing house and it also borders Route 302. The existing house would be lot #1 and the garage and would have two acres. Lot #2 would have 2.195 acres for a proposed single family house to be constructed on that one. This lot here was subdivided back in 1993, a two lot subdivision. This lot here and the lands to the north east of us was subdivided in 1992. We did soils testing. The percolation tests were done yesterday. It was sent to Eustance & Horowitz. It is nice sandy and gravelly soil.

G. Lake: Let me go through the Board.

A. Dulgarian: After the Public.

R. Carr: Nothing.

G. Luenzmann: Just a question. You have a piece of lot #1 across the road and then the house is on the other side of the road. Is that problematic at all?

D. Yanosh: That’s been part of the subdivision for the whole time. The road has subdivided it naturally and he just kept it together with that lot.

G. Luenzmann: If they ever wanted to subdivide that off . . .

D. Yanosh: They wouldn’t be able to. It’s been existing. I don’t know how long Wye Road has been there.

G. Monaco: Nothing.

T. Hamilton: Just one question. On the proposed lot #1, you have a separate driveway for the garage and also one for the house.

D. Yanosh: The garage sits lower and the house sits up on the hill.

G. Lake: Is there anyone from the Public who wishes to comment on this application?

MOTION to close this PUBLIC HEARING at 7:42 P.M. made by A. Dulgarian and seconded by G. Monaco.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

G. Lake: Do you have Dick’s comments?

D. Yanosh: Yes.

G. Lake: Do you want to go through them?

D. Yanosh: Item #1 and #3 I met with the Highway Superintendent today. They are still in the process of reconstructing Coutant, so they’re going to work with me as to what they’re going to do with the drainage as they go through. I can put my driveway right into that catch basin that’s there right now and that may avoid a culvert. Once they get it graded and up to grade, like I said, they are still putting gravel through there, he wants me to put a note on there that it would be subject to his recommendations as to how the driveway will be. It was subdivided last in 1993 that’s why we needed a Public Hearing tonight.

G. Lake: I did see the Highway Superintendent today also just to confirm what Mr. Yanosh just told us. I don’t believe we got a letter from him. Let me go back to the Board.

A. Dulgarian: It looks pretty reasonable. I don’t see anything that would be impacted.

R. Carr: I concur.

G. Luenzmann: I don’t have any problems.

G. Monaco: No problems at all.

T. Hamilton: Mr. Barone, on that small piece that’s across the street that says lot #1. Isn’t that a lot by itself because of the roads completely surrounding it?

G. Barone: Yes. It would constitute as a natural subdivision.

T. Hamilton: But it’s non-conforming and actually they could do something with it. It’s three quarters of an acre and it’s pre-existing and it is already subdivided by the roads so, technically it is another lot.

G. Barone: Correct.

A. Dulgarian: If there was water and sewer, it would be fine.

T. Hamilton: It’s pre-existing.

A. Dulgarian: It doesn’t matter.


G. Barone: If a Town road biceps the lot it is a natural subdivision.

T. Hamilton: It is a lot.

D. Yanosh: No further subdivision, I would have no problem with that all.

D. McGoey: Why don’t you add the note that it’s not a building lot?

G. Lake: Mr. Yanosh, are you willing to do that?

D. Yanosh: Sure, not a building lot and not to be subdivided.

G. Lake: Are there any other questions from the Board?

MOTION for a NEGATIVE DECLARATION made by A. Dulgarian and seconded by G. Monaco.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

MOTION for a TWO LOT SUBDIVISION subject to Dick’s comments and the note being placed on the plan and septic review made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES


3. PUBLIC HEARING 7:35 P.M. - MIDDLETOWN HONDA - SITE PLAN/SPECIAL USE PERMIT - Route 211 East/84 Lane (41-1-48) #061-002

G. Lake: Public Hearing started at 7:47 P.M. C. Kelly read the Public Hearing notice.

C. Kelly: NOTICE IS HEREBY GIVEN that a PUBLIC HEARING of the Planning Board of the Town of Wallkill, Orange County, New York, will be held at the Town Hall at 600 Route 211 East, in said Town, on the 18th day of June, 2003 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Middletown Honda, 21 Fulton Street, Middletown, New York 10940 for approval of Site Plan and Special Use Permit for an automobile dealership at NYS Route 211 East and 84 Lane under Section 249-39 of the Zoning Law of the Town of Wallkill. All parties of interest will be heard at said time and place. S/Gary Lake, Chairman

G. Bergman: I am an Engineer for Eustance & Horowitz. I’m here tonight representing Middletown Honda. We are seeking Site Plan approval for a twenty eight thousand five hundred square foot automobile dealership, a Honda dealership. The site is located south of NYS Route 211 west of the old Wal-Mart store.

G. Lake: This is the old Off-Track Betting place.

G. Bergman: The building itself is the old Off-Track Betting and bowling alley and a lot of other things before that. The facility would be connected to Town sewer and water. We propose a single access to 84 Lane, the approximate location is the existing access now. The project proposes to grade and pave a section of 84 Lane. We did propose to re-grade and re-pave this area also. Middletown Honda will also dedicate a strip of land that’s been requested by the Town for a new proposed exit into the former Wal-Mart facility. This location was a joint effort between the Town and Mr. McGoey, the Department of Transportation and our Traffic Engineer, Mr. Grealy from John Collins.

G. Lake: When and if that is built, were you going to do that now?


G. Bergman: We will do that now, that’s what was asked and we will do that. Again the building is proposed at twenty eight thousand five hundred square foot building. We’re proposing a hundred and thirteen parking spaces for auto parking and thirty nine dealer storage spaces. There will be no new car dealer delivery to the site. They will be delivered to a satellite site, not here. Those cars will be driven to this site when needed. Trucks will not deliver new cars or used cars to this site. The service area for this facility will have sixteen service bays. Much of the site is, as most of you know, was an existing site for the latest was Off Track Betting with associated parking lots. We propose to use the existing drainage system where possible and build some new drainage for the new facility. Mr. McGoey has asked for some additional treatment of the storm water which we will provide. It doesn’t show on this plan but in his latest letter he asks for additional treatment and we will, in fact, do that to meet the latest New York State Department of Environmental Conservation regulations.

J. Anderson: I will show you elevations and renderings as to what the front elevation will look like as well as the Site Plan with the landscaping around it. If you think of that existing building, the eyesore that it is, what we’re looking to do is maintain the architectural element that it has and grade this front facade to this elevation where basically the former Off-Track Betting section was. That’s really the process that we’re going through. In addition to doing that, all four sides of the building are going to be very visible. We’re going to carry the architectural elements all the way around all four sides of the building. It is just a basic overview of the elevations and what the front will look like.

G. Lake: Will the color scheme go all the way around?

J. Anderson: Yes, just like the front.

D. McGoey: Could you flip back?

J. Anderson: Yes.

Continued