MEMBERS PRESENT: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MEMBERS ABSENT: A. Dulgarian, G. Luenzmann

OTHERS PRESENT: G. Barone, D. McGoey

1. PUBLIC HEARING 7:30 P.M. - AUTUMN SKY - 3 LOT SUBDIVISION - Genung Street (72-`-7.21) #054-001

G. Lake: First of all, I would like to introduce to new members to the Board, Mr. Ralph Carr and Mr. Gary Monaco. We welcome them to the Board. Public Hearing started at 7:34 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 6th day of February, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Autumn Sky Development, PO Box 298, New Paltz, New York for approval of a three lot subdivision located on Genung Street approximately two hundred feet northwest of Schutt Road under Section 249-22 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

T. Ptak: I'm representing Autumn Sky Development. We're requesting a three lot subdivision for a parcel that's about 22.5 acres. The three lots will be about 18.5 acres, 1.5 acres, and 2.5 acres. There's a large section of wetlands on the rear of the property. The property has been mapped by the Department of Environmental Conservation and is shown on the map. That will be part of the large eighteen acre parcel. All of the lots are for single family dwellings and I have some comments from Dick.

G. Lake: We will come back to the comments. For the sake of the new members, what will happen now, I just basically go through to see if you have any general comments then after we will go to the Public since it is a Public Hearing. At that point after we listen to the public comments we then come back for Dick's comments.

P. Owen: Nothing at this time.

R. Carr: Nothing.

G. Monaco: Nothing.

T. Hamilton: Not right now.

G. Lake: At this time I will go to the Public. Do we have any cards on this at all?

E. Morris: No.

G. Lake: Is there anybody who would like to speak on this? The Public Hearing is now open.

J. Shoemaker: I was just wondering where they were going to get the water and sewer from.

T. Ptak: They are all going to be wells and septics.

J. Shoemaker: I was just wondering what side of the road is it on going from Schutt Road coming up Genung. Is it on the left or on the right?

G. Lake: What else?

J. Shoemaker: I think that's it.

T. Ptak: It's on the left hand side just before.

G. Lake: Anybody else?

M. Warren: I just have a question. I'm not quite sure. Is any water study being done since three more homes are going to be added and if it is going to affect existing wells?

T. Ptak: Normally on subdivisions such as this, it's not required that we drill any wells unless there has been a specific problem or the Town requests it. Most of the apartments up there are on city water and sewer. We're quite far from any other development in the area.

J. Shoemaker: My house is on well and septic in the next field.

T. Ptak: Yes, but there's hardly any other houses in that area that are on wells and septics.

MOTION to close the PUBLIC HEARING at 7:40 P.M. made by P. Owen and seconded by T. Hamilton.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

G. Lake: Let's go to Dick's comments.

T. Ptak: Item #1. We have re-worked the lots from the last time we met with the Board and the dwellings are pretty much in line right now within the configuration that we have.

D. McGoey: Lot #1 seems to be in front of two and three. I was trying to get you back on lot #1 so it would be more conforming. Is that a problem?

T. Ptak: With the setbacks and the wetlands pretty much the way we have them is pretty much the best we can do.

D. McGoey: It just looks like you can get back ten feet or so.

T. Ptak: Ten feet is no problem.

G. Lake: You mean the house? For the new members, this obviously is not their first time here. They have been to a couple work sessions with our Engineer. At that point, Dick has worked with them.

R. Carr: What we are looking at here is his proposal?

G. Lake: This is after. It was quite a bit different the first time he came in. You are both at a little disadvantage at this time.

T. Ptak: The rest of the comments really are details and we have no problems. Driveway culverts have to be HDPE pipe. Two foot contours are to be provided in the area of construction around the house. There's actually going to be very little grading. It's a pretty flat open field there. An iron pin has been noted in the rear lot of lot #2. I'm not exactly sure what that, has not been noted, okay.

D. McGoey: You didn't show it.

T. Ptak: That's not a problem. Typical road cross sections per the Department of Public Works requirements to be provided. Not a problem, and we have to go to Eustance & Horowitz to get the septics approved before we can get final approval.

G. Lake: You have no problems with any of those comments?

T. Ptak: No.

G. Lake: Back to the Board.

P. Owen: The location of the proposed driveway for lot #1 seems so close to lot #2. Is that because of site distance?

T. Ptak: The lot itself is pretty flat. It was because we showed the side entrance driveway and usually you need about thirty five feet on the side entrance of a driveway. There was more room on that side than trying to go out the other side where you would run into a conflict with the septic system.

T. Hamilton: Especially now if we're asking you to move the house back another ten feet.

T. Ptak: Yes.

R. Carr: Nothing.

G. Monaco: No questions.

T. Hamilton: No.

G. Lake: This is a lot better than it was. Dick, do you have anything else that we need to address on this?

D. McGoey: No I don't. Could I ask that between now and Final Approval that you make sure that you're not adjacent to or within five hundred feet of an Agricultural District.

T. Ptak: Okay.

MOTION for a NEGATIVE DECLARATION made by P. Owen and seconded by T. Hamilton.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

MOTION for PRELIMINARY APPROVAL subject to D. McGoey's comments and moving on the Site Plan the house back on lot #1 as far as you can made by T. Hamilton and seconded by P. Owen.

V0TING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

2. BURMAN/QUINN - LOT LINE CHANGE - Howells Turnpike (6-1-50) #008-002

S. Plass: This is two six acre parcels and what has happened is about nine years ago the pool was built too close to the setback line. What we are proposing, is lot #6 is going to sell a small strip of land to lot #5 so that the pool meets the setbacks.

G. Lake: It is just for that little jog there.

S. Plass: Yes, that all that lot #5 would like to settle.

G. Lake: Do you have anything on this?

D. McGoey: No. I just pointed out that it is odd shaped but if it results in everything being in conformity.

G. Lake: It's got to improve the situation a little bit on that. Are they selling and that's the reason for this?

S. Plass: Yes, I believe lot #5 is selling and that's one of the problems, that it was too close to the setback.

P. Owen: It's a little odd but I don't know if they can really do anything else.

R. Carr: Nothing.

G. Monaco: Nothing.

T. Hamilton: Nothing.

D. McGoey: One thing they should show is iron pins.

S. Plass: We already set them and I believe it is labeled.

MOTION for a NEGATIVE DECLARATION made by T. Hamilton and seconded by P. Owen.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

MOTION for a LOT LINE CHANGE made by P. Owen and seconded by G. Monaco.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

3. STONE RIDGE MINI MALL DRIVE THRU - SITE PLAN - Route 211 East (41-1-78.212) #006-002

M. Martinez: I'm the owner of the property.

G. Lake: Tell us what you want to do.

M. Martinez: I represent the bank as well as the shopping center. We want to put a drive through for the bank around the back of the building by putting a remote unit in the back. We've had a few work sessions but we were trying to put it on the side at first but we couldn't comply with the parking requirements. It worked out better in the back and that's what we submitted.

G. Lake: This is right down Route 211 here. At one time they came in for it to be on the left and working with our Engineer this is what they came up with. I will now go through the Board.

P. Owen: Nothing at this point.

R. Carr: Yes. It looks like the back of this building was never designed really to have through traffic there. When I looked a this spot . .

M. Martinez: Right.

R. Carr: That's two way traffic back there.

M. Martinez: Right.

R. Carr: You would have to be pulling over to the left to pull up to the bank.

M. Martinez: We are required to have twenty four feet besides the drive through lane which we have to the rear of the other parking spots which leaves you enough for two-way traffic.

R. Carr: Except you are going to have possibly a line of cars . .

M. Martinez: Facing out.

R. Carr: On the left hand side crossing over on-coming traffic from this driveway.

M. Martinez: We're going around the back of the building.

R. Carr: Right, but doesn't this traffic come in here.

G. Lake: It's two lanes.

M. Martinez: No. He's correct. It's two way but you have enough room there for two lanes
plus a car facing for the drive through. That's why we put it there.

R. Carr: I just have a problem. The whole back of the building just doesn't look like you can do anything. I was there last night and there is a dumpster out about ten feet from the building. These cars will be seven feet away from the bank where you are putting in the machine.

M. Martinez: Right.

R. Carr: You've got traffic coming from this side.

M. Martinez: The traffic that comes in off of Stoneridge.

G. Lake: Let him get his idea across and then we will answer that.

M. Martinez: Sure.

R. Carr: My point is you've got cars coming potentially in all different directions at this particular corner right here. If this is a two way drive in the back of the building.

G. Lake: He wants to know. Is there two-way traffic in the back?

M. Martinez: Yes.

R. Carr: To get to the teller.

M. Martinez: We are going to go around the back of the building. No one is going to come in off of Stoneridge to go to the teller.

R. Carr: They could be coming in off of Stoneridge, driving down to the back of the building.

M. Martinez: For what reason?

R. Carr: To get over here. It's two way. If I'm driving up to the teller I have to cross the traffic coming.

M. Martinez: I see what you are saying. We have that now.

R. Carr: I don't know. It just looked to me like the traffic there, you've got cars coming this way, you have cars coming in this.

M. Martinez: That's not the main entrance of the shopping center that you're looking at. The main entrance is on Route 211 in the front of the building.

D. McGoey: May I make a suggestion and make it one way across the back and not have two way traffic across the back of the building so that everything has to go around the building.

P. Owen: It would certainly alleviate because otherwise you will have people coming from around the back of the building, going into the same lane as where the people are coming from in the opposite direction.

G. Lake: How many people drive behind the building right now?

M. Martinez: Not many.

T. Hamilton: I've been there a lot. There isn't that much traffic.

M. Martinez: No. It's not a heavy traffic situation at all.

R. Carr: Are you proposing some kind of signage?

M. Martinez: Yes. The thing about the drive through, no one goes to a bank drive through unless you are a customer. You're not going to pull up for any other reason other than if you are a customer to go there. Customers will know where it is. They will be told. You just don't go there without a reason. I don't know if the signage is really that important.

G. Monaco: It's fine.

G. Lake: Back to the one way in the back.

P. Owen: I would like to see it one way there. I don't think it will be a problem for the applicant.

G. Monaco: I don't think it is a heavy traffic area. (Not audible).

T. Hamilton: I think the one way will be fine.

M. Martinez: Can I ask a question then. Part of the reason that we went to this design was your Engineer. Originally we were going for two lane. We knocked it down to the one lane because of the two-way traffic. If we make it one-way traffic can we go back to the two lanes then?

G. Lake: You will be changing the site plan.

M. Martinez: I'm asking a question. The reason we went to the one was because you wanted twenty four feet for two-way. It's no longer two-way.

D. McGoey: You would still have a problem with those cars backing out into that. You are limited to the amount of space.

P. Owen: Two drive ups?

M. Martinez: That was the original intent but we went back to one because of the Engineer.

G. Lake: You know the wishes of the board. They would like to see one way traffic. Do you have any problems with Dick's comments?

M. Martinez: No.

P. Owen: Just so I understand. Are these spaces being eliminated?

M. Martinez: No. Nothing is being changed as far as the parking lot.

T. Hamilton: One quick question. Where is your dumpster going to be? It doesn't show.

M. Martinez: You mean the bank's?

T. Hamilton: Yes.

M. Martinez: Where the building sets back a little bit. It's been there.

D. McGoey: Our recommendation was that we consolidate all the dumpsters in one location with an enclosure. It is a mess back there.

R. Carr: I don't think it is attractive to drive through.

D. McGoey: I don't think on a hot summer day I would want to be in line in that situation.

M. Martinez: You have two restaurants in the shopping center. The most you could do easily is consolidate some of the other ones. They don't have a lot of garbage. We could eliminate some of them by condensing.

R. Carr: How about enclosing them?

M. Martinez: Enclosing them, how?

G. Lake: We are addressing the entire site. When you make a change on a site, this is when the Town takes a second look at it and makes these suggestions.

M. Martinez: We did mark on the plan where the dumpsters are supposed to be.

D. McGoey: The other issue is the fire department brought up is the location where you show the dumpsters in these little alcoves here are also emergency exits.

M. Martinez: Well, they are not blocking the doors.

G. Lake: Let's get back to the dumpsters. Are you going to close them in or not?

M. Martinez: How?

G. Lake: With a fence or something. I think what the Board is asking you as a whole, can you just hide them a little bit with some kind of fence?

M. Martinez: It would be difficult.

D. McGoey: What if we put them in one enclosure, have separate dumpsters with one enclosure on the back of the lot.

M. Martinez: In the corner.

G. Lake: An extensive discussion was held on the dumpster issue.

MOTION for a NEGATIVE DECLARATION made by T. Hamilton and seconded by P. Owen.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

MOTION for SITE PLAN approval subject to D. McGoey's comments, resolving dumpster issue and one way traffic in the back of the building made by P. Owen and seconded by R. Carr.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

4. VIRAG - ZONE CHANGE REQUEST - PID to RA - Goshen Turnpike (1-1-35)

E. Virag: This parcel previously was four parcels. About four years ago it was made into one parcel for the taxes. We want to make it back almost what it was prior to it being put into one parcel. The property is now basically surrounded by residential houses although it is situated in what the Town would call a PID district. The property across the road and property up above on the hill are all residential. There's probably I would say about ten houses there on either side of the road. The house on the one parcel right now would stay and basically what I wanted to do was I wanted to create two other lots out of it and build a couple of houses.

G. Lake: Basically we are setting Informational Public Hearing tonight and all we do at this time is make a recommendation to the Town Board. We do not change the zoning. The Town Board does that.

MOTION made to schedule an INFORMATIONAL PUBLIC HEARING for March 20, 2002 made by P. Owen and seconded by G. Monaco.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

E. Virag: What is the purpose of this meeting on March 20th?

D. McGoey: It is an Informational Public Hearing. The Board will vote to make a recommendation to the Town Board.

P. Owen: What happened with the Zoning Board of Appeals?

E. Virag: They were all in favor of it. They told me what they wanted me to do. I did exactly what they wanted me to do and it was havoc.

R. Carr: (Not audible).

E. Virag: I complied with what they wanted to do and then it was no good.

R. Carr: Dick, was it a variance?

D. McGoey: It's a use variance of which you have to prove hardship.

E. Virag: This has been going on for about five months now.

5. SALMA - FENCE - Route 17M

G. Lake: Tell us what you want to do.

J. Salma: I have a commercial piece of property with a building and I would like to put a security fence around it.

G. Lake: Where about on Route 17M?

J. Salma: It's actually past where Rock Hill Restaurant used to be on the opposite side on the right hand side.

G. Lake: Okay. Is this around the entire property?

J. Salma: No. Just around the garage doors.

P. Owen: What kind of fence?

J. Salma: Eight foot with chain link.

P. Owen: Eight foot with chain link. What's the business like?

J. Salma: It's just for construction material.

R. Carr: We have an office in there. We have some construction equipment.

G. Lake: I don't see a problem.

T. Hamilton: Dick, there isn't anything in the zoning about eight feet?

D. McGoey: No.

R. Carr: Why do you need it?

J. Salma: We have a light on the building and the light's been working fine but now since it sits back off the road we have been having problems with items being stolen.

MOTION for a NEGATIVE DECLARATION made by T. Hamilton and seconded by P. Owen.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

MOTION for approval of 8' HIGH CHAIN LINK FENCE made by G. Lake and seconded by R. Carr.

VOTING AYE: G. Lake, R. Carr, T. Hamilton, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES