D. Yanosh: Way up front. They are right up close to the road. The question from the Board last time was the screening of those piles and I went out there and located where the existing tree line was, and we are going to extend that around the corner with stockade.

G. Lake: Anything else from the Board?

V. Werany: No.

A. Dulgarian: No.

P. Owen: Generally, what's going to be going out there?

P. Allen: Possibly topsoil, a load of stone, stuff from site work. We don't stockpile any of it. Do you know where I am on York Road?

P. Owen: Somewhat yes.

P. Allen: Just like the back of the shop there. I think now we have one load of stone there and there's always been a pile of topsoil.

G. Luenzmann: No questions.

K. Angeloni: I'm Paul's neighbor. The only thing I was concerned about and I just talked to Dan about it was about the road itself, the driveway because it's just a dirt road now.

P. Allen: I am going to put item #4 on it to keep the dust down and we will maintain it.

G. Lake: Are you going to put that on the plan that you are going to maintain that or is that just going to be an agreement later on?

P. Allen: It's our property.

G. Lake: The road, Allen Lane, is your property?

P. Allen: That's right.

G. Lake: And he has the easement to use it?

P. Allen: Yes.

D. McGoey: We will need something on the plan and what you are going to do.

G. Lake: We are going to have him put it on the plan.

K. Angeloni: Okay. I'm the last one in there and there is no traffic at all. He's going to be beyond me.

MOTION to close this PUBLIC HEARING at 7:54 P.M. made by G. Luenzmann and seconded by V. Werany.

VOTING AYE: G. Lake, A. Dulgarian, G. Luenzmann, P. Owen, V. Werany

MOTION CARRIED. 5 AYES

G. Lake: Do you have a copy of the comments?

D. Yanosh: Yes.

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

D. Yanosh: We did show you these before I believe the last time we were here. The type of building that is going to be put up. It would be like the Blue Flame building out there on Bloomingburg Road up closer. There are also pictures in there that shows what the site looks like now with the trees that screen the property. Mr. Angeloni, I had just talked to him, he has no problems the lighting back there. He has a nice row of pine trees, a real thick row between his house and the property. We are set back one hundred fifty feet from there. We're more or less secluded. We're away from everybody.

G. Lake: Do you have any problems with any of these others?

D. Yanosh: The only question that we have right now is the fact that we did show in the front of the building a paved parking area. The number of spaces we have is only seven. Can we leave that as a shale parking lot?

D. McGoey: The ordinance allows for a dust free surface for parking spaces less than twenty.

D. Yanosh: So, I can change that to make it a shale parking lot, dust free. It would cut down my drainage also. One of Dick's comments was about the drainage.

A. Dulgarian: Most of your customers . . .

P. Allen: No customers.

A. Dulgarian: They deal mostly by phone. They won't have to come to the site.

P. Allen: It is employees only.

D. Yanosh: These are employees only.

P. Allen: There is no retail.

A. Dulgarian: They will reach you by phone.

D. Yanosh: The rest of the comments. The landscaping. I think we have enough out there the way it is now. It's very well screened from on all four sides. It's just a garage. It's nothing where people are going to come in and look at it. No customers come in. Appearance wise, it is only for his health.

D. McGoey: You don't have a problem with item #6 about no processing?

D. Yanosh: No. I will give you proposed grades for the drainage.

G. Lake: Dick, the screening between the house and the project?

P. Allen: You cannot see the house from where the shop is going to be.

G. Lake: That's basically what I am asking.

V. Werany: No.

A. Dulgarian: In the off months when you are not excavating do you do snow plowing?

P. Allen: No.

A. Dulgarian: There won't be any salt on the premises?

P. Allen: No. We have enough salt across the road.

P. Owen: Nothing.

G. Luenzmann: I don't have anything.

MOTION for a NEGATIVE DECLARATION made by V. Werany and seconded by G. Luenzmann.

VOTING AYE: G. Lake, A. Dulgarian, G. Luenzmann, P. Owen, V. Werany

MOTION CARRIED. 5 AYES

SITE PLAN/SPECIAL USE PERMIT subject to D. McGoey's comments and a note on the driveway made by G. Luenzmann and seconded by A. Dulgarian.

VOTING AYE: G. Lake, A. Dulgarian, G. Luenzmann, P. Owen, V. Werany

MOTION CARRIED. 5 AYES

1. PUBLIC HEARING 7:45 P.M. - HEIMBACH - 5 LOT SUBDIVISION - Maples Road/The Lane (36-2-24.2) #046-001

G. Lake: Public Hearing started at 8:00 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 2nd day of January, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Louis Heimbach, for approval of Maples Road and The Lane portion of 36-2-24.2 five lot residential subdivision under the Subdivision Regulations of the Town of Wallkill 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. Lake: Would you like to give us a description of what you want to do?

A. Fusco: This is a five lot subdivision on Maples Road and also one of the road on the side is called The Lane. It basically was a former corn field. We are looking to create five conforming lots on the property. The soils tests had been very good on the property. I apologize to Dick not getting a new map to him. We had addressed his comments on the new map but they apparently didn't get over to Dick. That might be a problem in my office. We will get new copies to you and will address the rest of the comments that he made at his latest submittal. We will re-submit the plans to Dick with all the requirements. Basically, it is a five lot subdivision. It will have to go to the Orange County Health Department after we receive Preliminary Approval from this Board.

G. Lake: A five lot goes to Eustance & Horowitz, Dick?

D. McGoey: No.

G. Lake: Victor, do you have anything at this point or do you just want to go to the public and then come back?

V. Werany: Yes.

A. Dulgarian: Yes.

G. Luenzmann: Let's get to the public first.

P. Owen: Yes.

C. Lindsey: I live in Keystone Park. You have to pardon my ignorance because I'm new to this but I had received this letter in the mail. I live in Keystone Park which is behind where this is. How will this interfere with Keystone Park residents? Some of us received this letter and some have not.

G. Lake: First of all, the reason you got the letter was because you were within the three hundred foot boundary of that property. You would be notified that something is happening within the three hundred feet.

C. Lindsey: Okay. How it affects you?

A. Fusco: It really would have absolutely no affect on Keystone Park because there is no access into it. It's just that you're within three hundred feet of the property line. Everyone is notified within that three hundred feet. It has absolutely no impact as we said.

C. Lindsey: How many acres per house?

A. Fusco: Basically 2, 2.5.

C. Lindsey: Okay.

C. Long: I am on The Lane. I'm not familiar with this process. I got the notification. This is the first time I've seen the plans. There is an impact on my property because I was promised by Louis Heimbach that he would move a property line because the shed that originally serviced the house. Do we get a chance to see the plans and make comments in the future?

G. Lake: This is what tonight is for. They have been here already. They have been to work sessions, they have been before this Board.

C. Long: Okay.

G. Lake: Now, we are at the step where we notify the public to let them know just for these reasons. To let you come in, make your comments so we can find out more from the people directly involved.

C. Long: My only concern is I thought I would get a copy of the proposed subdivision so I could study it a little bit and then make comments. To come here at 7:30 and realize we were to quickly digest the thing and say it's fine, to me it doesn't sound fair.

D. McGoey: Gary, we may not act on Preliminary tonight because we don't have the Preliminary plans yet.

G. Lake: Right.

D. McGoey: So, he would have an opportunity to come in to Carol's office, take a look at the plans and give us some comments.

C. Long: Okay.

J. Miller: I live on The Lane also. I live at the end of The Lane. What concerns me is if Louis Heimbach a developer on these properties? Is there a general contractor? What I'm concerned about is a developer buying up all the properties and then coming back to the Board and saying that I want to re-zone it commercial because Maples Road is somewhat of a busy road. If one person buys the property, do they hire one person to come in and build or can a developer buy it all and sit on it? That's what my concern is. What is the process of it getting re-zone commercially?

G. Lake: This Board doesn't re-zone anything.

J. Miller: Okay.

G. Lake: That would have to be the Town Board which I think would be highly unlikely for them to consider that. Second off, this is being done by soils, so further subdivision and things like that I'm sure probably wouldn't happen. As far as who they sell it to, this Board does not dictate what ever happens. It tells people these are the boundaries that we must live in. They might sell them as individuals or sell them all at once. We really don't know that.

A. Fusco: The proposal is for five single family residences. We would assume owner occupied. That's all we're asking for. There is no request for a zoning change. There is no request for any commercial properties. If, in fact, anyone were to purchase this and have wishes to do anything on a commercial basis they would have to go through the Town Board and would have to come back here again. You would be notified in both instances.

J. Miller: Also, two of the driveways access The Lane. The Lane is a very narrow road. The Town of Wallkill during the snow storms when they plow, it's one swipe up and it's an eighth of a swipe down with the plow. That's how narrow the road is. Are there any regulations of the driveways when people come out of that driveway onto The Lane? It seems like they are going to have to make a nice wide sweep to get back into The Lane. Are there any requirements widening The Lane because of that?

G. Lake: I'm sure we are getting twenty five feet from center on the subdivision otherwise the Town asks the applicant to deed over if it hasn't already been done which even on your property might already be done. I'm not sure. The land would be available to the Town to do that but at this time I would think that The Lane being a very residential area as it is I know if I lived on it I wouldn't be asking for it to be widened.

J. Miller: Right. There is a big embankment right there where the two things are getting cut in. It's probably an eight foot or ten foot embankment.

G. Lake: The Highway Superintendent will look at those driveway cuts and they will be inspected by the highway department. They will sign off on those before they get Certificate of Occupancies.

C. Webber: I live at 24 The Lane on the corner of Maples Road and The Lane. If they do go through the five lot subdivision would that be five individual wells that are being dug there or would the Town run their line to them from Route 17?

G. Lake: I believe at this time it is five individual wells, five septic systems.

C. Webber: The other question I have is in reference to the driveways that Jeff was just talking about. The markings that are The Lane right now in the road itself, does that indicate where the actual driveway will be?

A. Fusco: No. Any marks on the driveway right now is just surveyor's reference finds.

C. Webber: Okay.

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