D.
McGoey: This is an unlisted action.
A.
Dulgarian: Could we ask for a short form or anything like that?
D.
McGoey: A short form and if the Board feels that there are impacts
related to the wetlands they could go to a long form.
A.
Dulgarian: But would they do the short form first to get to that
point?
D.
McGoey: Yes.
A.
Dulgarian: To make a long story short, I have problems with those
three houses, the ownership of the pond, the Highway Superintendent’s
comment and also I think the environmental stuff should be looked
at a little closer and I would have a problem approving this as
it is now proposed.
R.
Carr: I guess I have to go along with Mr. Dulgarian’s comments.
G.
Luenzmann: I have the same concerns. I would suggest that the
developer come up with another plan for consideration with particular
emphasis on Brown Road.
G.
Monaco: My concerns are the same as the other members. You say
we can go with a long form if the short form has already been
filled out?
D.
McGoey: If the Board feels there are impacts.
G.
Monaco: I’m not sure if there is an impact but I think we
should make sure.
A.
Dulgarian: We can never go back.
T.
Hamilton: I echo the site distance on lot #6. The front yard setbacks
on Brown, right now they appear to be the bare minimum what it
shows. I don’t have the new regulations. Did they change
the setbacks in that zone so we can ask for the new setbacks.
D.
McGoey: You can’t ask for them.
T.
Hamilton: What do you mean?
D.
McGoey: You can ask but you can’t require.
T.
Hamilton: It says minimum. We can ask for more. Do you have the
new regulations? Right now, he’s touching the forty foot
minimum. He can’t go any closer.
G.
Barone: The Board has the general powers to reserve the character
of the neighborhood and the welfare of the neighborhood.
D.
McGoey: It went from forty feet to sixty feet.
T.
Hamilton: Back on the ponds, the property lines going through
the middle. It is not a good idea because you have lots #2 and
#3 that it happens. There is a section in lots #5 and #6 that
it happens. It just amazes me with the drawing, I’ve never
seen water stop in a straight line the way you’re showing
it on the plan. How does that happen?
S.
Strauss: There’s a earth berm.
T.
Hamilton: And it holding it right at that spot right on the property
line, is that what you’re saying?
S.
Strauss: We put the property line there to match the stone wall
on top of it and it basically follows the stone wall.
T.
Hamilton: Does that show on here? I would also like to see where
the standing waters are and I would rather not see property lines
going through them. As far as SEQRA I think it would be in our
best interest to visit the wetlands and how close they are, I
think we should try and go with the long form just to be safe.
Later on we won’t be able to go back and get it if we don’t
get it now.
G.
Lake: You have heard the Board’s comments and from the Public.
Mr. Barone, we closed the Public Hearing but obviously the Board
would like to see more. Do we need to ask him to waive his time
frame?
G.
Barone: Yes.
G.
Lake: Obviously I think it is best to table this at this point.
Do you waive the time frame?
S.
Strauss: Yes.
MOTION
made that the applicant does the Long Form Environmental Impact
Statement and time frame has been waived made by A. Dulgarian
and seconded by G. Monaco.
A.
Dulgarian: Aye
P.
Owen: Excused from application.
R.
Carr: Aye
T.
Hamilton: Aye
G. Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES, 1 EXCUSED.
TABLED for further review.
1. PUBLIC HEARING 7:40 P.M. - CONCRETE PROPERTIES - 3 LOT SUBDIVISION
- Lybolt Road/Brimstone Hill Road (12-1-24.23) #089-002
G.
Lake: Public Hearing started at 8:20 P.M. C. Kelly read the Public
Hearing notices.
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 5th day of February, 2003 at 7:30 P.M. or as soon thereafter
as the matter can be heard that day on the application of Concrete
Properties for approval of a three lot subdivision located at
the intersection of Lybolt and Brimstone Hill Road under Section
249-19 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
J.
Tirolli: I am the Engineer for the project. Shall I give a brief
description?
G.
Lake: Yes.
J.
Tirolli: The property consists of five acres and is located on
Brimstone Hill Road and Lybolt Road. It is a three lot subdivision.
Two of the lots will exit the driveways as shown on the map on
Brimstone Hill Road and one lot will exit on to Lybolt Road. There
is an in-ground septic system for each of the three lots and they
meet the requirements of the zoning as was in place when the application
was made.
G.
Lake: Let me go through the Board.
A.
Dulgarian: Nothing.
P. Owen: Nothing.
R.
Carr: Nothing now.
G.
Luenzmann: Nothing.
G.
Monaco: Nothing.
T.
Hamilton: Nothing right now.
G.
Lake: Is there anyone from the Public who wishes to speak on this
application?
M.
Rafferty: I’ve been a resident for thirty years and I’m
the next door neighbor to this subdivision. I don’t have
a problem with the subdivision but I was just wondering how I’m
going to be affected by the caliber of the houses there, the deed
restrictions if they are going to match everybody else’s
in the area and the water table which has gotten a lot lower in
the last couple of years. There is also a bridge that is right
in front of my house and that’s also getting eroded away
from the drainage. The Town will have to do something with that
soon because the bridge is dilapidated right now.
G.
Lake: Where is that bridge?
M.
Rafferty: There is a little bridge on Lybolt Road. That little
bridge with no guard rails is a stream.
G.
Lake: Are you still having a drainage problem from off the top
of the hill?
M.
Rafferty: Not really, not at all.
G.
Lake: Do you have any comments on that?
J.
Tirolli: We have no type of houses at this point. I can’t
give you any specifics on that. As far as the water table I think
everyone knows the reason drought, the water tables are down.
The only thing I would say is that if these wells are drilled
during that period they will probably be drilled deeper than normal
and these wells will probably be more drought resistant because
of that.
A.
Dulgarian: Do you have an extra map in your folder that you could
lend us?
J. Tirolli: I don’t have an extra one.
MOTION
to close this PUBLIC HEARING at 8:24 P.M. made by T. Hamilton
and seconded by R. Carr.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 7 AYES
G.
Lake: Do you have Dick’s comments?
J.
Tirolli: Yes.
G.
Lake: Do you have any problems with anything?
J.
Tirolli: No. I put a note for each on the map.
D.
McGoey: Yes.
J.
Tirolli: I don’t have a specific driveway profile?
D.
McGoey: You should have it.
G.
Lake: I will go back through the Board.
A.
Dulgarian: It looks pretty good to me. The only question I have
is lot #3, what is the setback on lot #3?
J.
Tirolli: It is probably five feet past the minimum setback which
is about forty five feet.
A.
Dulgarian: The subdivision looks pretty good to me and it’s
pretty minor. Dick’s comments were all engineering. I don’t
have a problem there. My question is I want to make sure that
the setbacks are similar to what’s existing out there.
P.
Owen: I’m just curious as to the reason for the shape of
lot #2 and lot #3. Was there a problem with the location of the
septic?
J.
Tirolli: Not so much a problem with septic. The property is a
triangular shape and to deal with side yards and rear yards, there
was an attempt to make lot #2 a little less triangular and more
square. It’s not square but sort of a hybrid.
P.
Owen: I don’t have a problem.
R.
Carr: The wells on Brimstone are fairly close to the road. Have
you established where the septic system is on the house across
the street? I didn’t notice it on the map.
J.
Tirolli: Across the street from Brimstone. There is a house, it’s
way up. If my recollection that septic system is way back.
T.
Hamilton: It’s way back.
R.
Carr: I just didn’t know where the septic is.
J.
Tirolli: We didn’t locate that. Generally unless there are
unusual conditions the septic system is fairly close to the house.
R.
Carr: That house is one hundred feet back?
J.
Tirolli: That house is quite a ways off the road. We didn’t
even attempt to locate the well or the septic because it was set
back quite a ways.
R.
Carr: I will have to look at that again.
G.
Luenzmann: You seem to have answered the questions about the shape
and the setbacks and Dick’s comments.
G.
Monaco: I concur with the rest of the Board.
T.
Hamilton: I think we’ve gone over most of the questions.
The only question that wasn’t was the homes. We can’t
regulate the value or cost as long as they meet the New York State
Building Code, correct?
G.
Barone: Correct.
G.
Lake: I do think that with everything we have seen built there
I would doubt that it would not fit into that neighborhood. It
is a nice neighborhood now.
D.
McGoey: I just want to make sure that we have enough setback.
J.
Tirolli: We can move the house on lot #3 back probably fifteen
or twenty feet without any problem. On lot #1 we can move it back
somewhat.
A.
Dulgarian: We can approve subject to removing that lot.
J.
Tirolli: Just because I move it back doesn’t mean that somebody
can put it there. The forty feet is not the minimum any more it
is sixty feet for this particular lot.
A.
Dulgarian: If your looking for Preliminary Approval tonight I
think the footprint aught to be what we say it is regardless of
forty, sixty or what ever you want to call it. I don’t think
that line needs to be on the map as much as the footprint needs
to be on the map.
D.
McGoey: I think John was adding additional restriction to make
sure they conform to what you want.
A.
Dulgarian: In rural settings we’re looking for greater setbacks
just like the applicant before. This one does not have as far
as I can see as much impact as the other one but if we can gain
on lot #3 that would be fantastic. I would be all for it. You
said we can gain another what, ten?
J.
Tirolli: I think I can move the house on lot #3 back ten or perhaps
twenty feet. On lot #1 I think ten feet probably will be the maximum.
A.
Dulgarian: I think that is a very good compromise.
J.
Tirolli: We’re agreeing to do that. I should eliminate that
minimum setback line and put a note that the houses are where
they are shown unless you come back to the Planning Board.
D.
McGoey: That’s it.
MOTION
for a NEGATIVE DECLARATION made by A. Dulgarian and seconded by
P. Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 7 AYES
MOTION
for PRELIMINARY APPROVAL subject to D. McGoey’s comments
made by A. Dulgarian and seconded by P. Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 7 AYES
2. CARRABBA’S - SITE PLAN/SPECIAL USE PERMIT - EXTENSION
#043-002
G.
Lake: This is their first extension.
MOTION
for a ONE YEAR EXTENSION subject to D. McGoey’s comments
made by A. Dulgarian and seconded by P. Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 7 AYES
3. HUMANE SOCIETY OF MIDDLETOWN - SITE PLAN - Bloomingburg Road
(14-1-42) #046-002
J.
Newman: I’m representing the Humane Society of Middletown.
G.
Lake: You want to add this little proposed 28 x 36 foot building.
J.
Newman: That’s correct.
G.
Lake: You went to the Zoning Board of Appeals?
J.
Newman: Yes we did.
G.
Lake: And you received your approval?
J.
Newman: Yes we did.
G.
Lake: Let me go through the Board to see if they have any questions.
Give us a little history on why you want to do this.
J.
Newman: The Humane Society takes in stray animals and we try to
do a certain amount of public education but we’ve been doing
it in just the back room at the main building and it’s not
adequate plus, we also hold rabies clinics which are low cost
for the community so that we hope to stamp out this deadly disease
some day out of all animals. This new building will basically
for rabies clinics, public education, youth groups coming out
and learning how to take care of animals. That’s what we
are really hoping to be able to do.
A.
Dulgarian: I think the Humane Society does a fantastic job. I
don’t this has any negative impact or anything for the community.
I guess they got the variance for an accessory building closer
to the front yard. I have no problem at all.
P.
Owen: I am in agreement.
R.
Carr: It looks good.
G.
Luenzmann: It looks good to me.
G.
Monaco: Same.
T.
Hamilton: Fine.
G.
Lake: We do have one comment, the pavement. Are you going to be
able to take care of that?
J.
Newman: Yes. We will be able, I think we had shown how many parking
spaces we would have. We would have a handicap parking space and
we will definitely meet what ever qualifications that has to be
for the pavement. It is a paved driveway now but I realize we’re
going to have to consider the building, etc. We’re certainly
going to do that.
MOTION
for a NEGATIVE DECLARATION made by G. Monaco and seconded by G.
Luenzmann.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Yes.
G.
Lake: Aye
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