R. Gerry: Are these houses designated for low income, senior citizens?

G. Lake: I believe they are for the open market.

R. Gerry: And, what is the price range going to be?

G. Lake: The available market.

R. Gerry: I mean, are we talking. Well here down the road there's half a million dollar homes and then this is coming in.

G. Lake: Maybe the applicant can answer that.

R. Gerry: And, who is the applicant?

G. Lake: This gentleman is representing the applicant.

D. Yanosh: I represent him, yes. The applicant has people looking at the project for the developers to build the houses and put the road in. He doesn't have a signed contract with anybody up until now. Like the Board said, it could be bi-levels, raised ranches. The lots would conform to the zoning. They aren't huge lots.

R. Gerry: From the map there, the access road is above where the swamp is?

D. Yanosh: Yes.

R. Gerry: We would be able to see these houses from the road. Will there be landscaping?

D. Yanosh: You will see them from the road like any other subdivision.

R. Gerry: You're talking about, this is like the historical place of the Town. You have all these old homes here, the old church, the old school house, the old shop. There is a lot there and I'm just wondering. I want to tell you this area is historical part of the Town and how is this going to fit in and blend in with the older buildings?

G. Lake: Mr. Yanosh, right that down and then we will come back to it. Anybody else? Dan, do you want to try and answer that last question she asked? Are you going to propose any screening along the lot line between. I think a piece of this is down behind the old cabinet place, isn't it?

D. Yanosh: Yes.

G. Lake: It goes down behind that.

D. Yanosh: Right. There are some residences now on Goshen Turnpike bordering the front property. The road goes down and wraps around those houses. We never looked at screening. You can see the houses if you're coming up from Route 211, up that way because it is up on the hill to your right. Coming down from Scotchtown Collabar Road down the hill would be on your left hand side. And you would probably see the ones down in the bottom and the one on the twelve acre lot and that's about all you would probably see.

G. Lake: Let me go through the Board.

R. Gerry: I have one more question. If there is a possibility of doing screening because some of those houses are two hundred years or more so and one of those houses is mine and that's why I'm concerned. Like I didn't want to have to look out and see houses but maybe put trees in or something.

D. McGoey: There is a requirement that street trees be planted along the street.

G. Lake: Right.

R. Gerry: Yes but the street won't buffer the house.

D. McGoey: Well, the buffer in both directions coming down the hill as the trees grow it will buffer it looking down toward the houses. Coming up you will see the buffering when the trees get larger and they would be shade trees.

R. Gerry: But the street is in the middle of the houses there. Is there anyway those houses can be screened from the older homes?

D. McGoey: It's up to the Board. I generally don't require landscaping along individual house lines. That's not a requirement. It's not the regulations but street trees are.

M. Paduch: There is an existing sewer line on several of the parcels. Is that servicing somebody up behind it. It says it's going to be removed.

D. Yanosh: That was servicing ADF Design and we're going to tie into that line and bring it down instead of going to the back of those properties. We're going to connect into that and re-direct that sewer down into ours and go that way.

M. Paduch: Okay. The other question I have is in regards to wetlands right there. Obviously they're State wetlands?

D. Yanosh: Yes.

M. Paduch: So, it's a one hundred foot buffer?

D. Yanosh: Yes.

MOTION to close the PUBLIC HEARING at 8:17 P.M. made by A. Dulgarian and seconded by G. Luenzmann.

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: Dick's comments.

D. Yanosh: Most of them are mechanical drawings and details and things like that to be added on.

G. Lake: Dick, did you. I know it's been a short week but have you had a chance to check your comments against . . .

D. McGoey: Yes. If he can handle these between Preliminary and Final and there is also a comment here from the Highway Superintendent which is manage-able.

D. Yanosh: I did meet with the Highway Superintendent and went over the road grades with him.

T. Hamilton: Did you read the comment from the Highway Superintendent? There is something about the City of Middletown.

D. McGoey: I know. I don't know where. The rest of the comments seem okay.

T. Hamilton: It just threw me off.

G. Lake: Let me go through the Board.

A. Dulgarian: Tell me a little bit about lot #16. First off, is this guys's fence on the property?

D. Yanosh: No. It's a barb wire fence.

A. Dulgarian: Now, this lot #16, the wetlands is there going to be something on the deed about that for whoever buys that lot?

D. Yanosh: We can put a note on the plan.

A. Dulgarian: We can have him do that?

D. McGoey: Yes.

A. Dulgarian: That's an awful big lot especially with all the wetlands. Dick, we have seventy seven feet from the highest point to the lowest point. Have all the drainage issues been resolved for the runoff?

D. McGoey: I'm reviewing the drainage study but he does have . . .

A. Dulgarian: And that will hold it from running directly into the wetlands?

D. McGoey: He will have to meet the Department of Environmental Conservation regulations. I will need details of that.

A. Dulgarian: Site distance going back to Route 211 obviously is pretty good. What about going up the hill there?

D. Yanosh: No problem. The County has looked at it already and doesn't have an issue with it. They just wanted to see more detail work and see the final plans.

A. Dulgarian: And, this is all in sewer and water?

D. Yanosh: Correct.

A. Dulgarian: I really don't have any other issues.

P. Owen: I have nothing.

R. Carr: Nothing.

G. Luenzmann: I like the balance of this whole thing. It looks to be a well proportioned plan. These are stone fences over here on lots #1, #2 and #5, correct?

D. Yanosh: Correct.

G. Luenzmann: And this is where there was a comment about buffering?

D. Yanosh: Right. There is an existing stone wall behind just behind those houses on Goshen Turnpike and there's trees and vegetation.

G. Luenzmann: Are those stone fences going to be retained?

D. Yanosh: Sure.

G. Luenzmann: I have no other questions.

G. Monaco: You said you were going to put a note on the plan, will it also be placed on the deed?

D. Yanosh: It's hard for me to put a note on the plan. I can put a note on the plan that all deeds should have a note about the wetlands but whether the Attorney does it or not, it's a touchy situation.

G. Monaco: Can we have this on the deed or no?

G. Barone: If you want a note to be placed on the plan, he can do that.

T. Hamilton: Nothing further as long as Dick's comments are taken care of.

G. Lake: Do you feel between now and Final you can handle all of Dick's comments?

D. Yanosh: A lot of these are Health Department issues and Department of Environmental Conservation issues. We have no problems.

A. Dulgarian: I would just like to get the Board's opinion on sidewalks. I apologize but I missed it on the way through. You have sidewalks around the loop, correct?

D. McGoey: No. It stops at a point if I recall.

D. Yanosh: We have one side for sidewalks.

D. McGoey: The one side stops short of the cul-de-sac.

A. Dulgarian: Anything along Goshen Turnpike?

D. Yanosh: There is nothing on Goshen Turnpike.

D. McGoey: Mr. Dulgarian, that would be dangerous. The guide rail is right there.

G. Lake: Maybe between now and Final take into consideration the lady's comment.

D. Yanosh: About the screening.

G. Lake: Maybe a couple of small pines to reflect the difference between the old and the new. See if you can work that out.

D. Yanosh: I guess we also petition the Town for the Lighting District and for the Drainage District also, right?

G. Lake: I don't think we asked for it yet have we?

D. McGoey: Yes.

G. Lake: I think it's a safety issue on Goshen Turnpike.

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

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 16 LOT SUBDIVISION subject to all of Dick's comments, the Board's comments, and seeing about what can be done about the screening from the houses made by G. Luenzmann 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. PUBLIC HEARING 7:40 P.M. - HIGHLAND PARK ESTATES - 3 LOT SUBDIVISION - Scotchtown Collabar Road (29-1-55) #108-002

G. Lake: Public Hearing started at 7:30 P.M. M. Hunt read the PUBLIC HEARING notice.

M. Hunt: 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 February, 2004 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Highland Park Estates, LLC, c/o Joel Schwarz, 165 Acres Road, Monroe, New York 10950 for approval of a three lot subdivision of 8.24 +/- acres located on County Road 47, Tax Map Section 29, Block 1, Lot 55 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

C. Foti: We're proposing a three lot subdivision. Lot #1, a filed map 9085. Lot #1 is 5.36 acres. One lot has a dwelling under construction and we're proposing two new lots to be serviced by individual water and individual sewer.

G. Lake: Thank you. I will go through the Board before I go to the Public.

A. Dulgarian: Nothing at this time.

P. Owen: I have nothing right now.

R. Carr: I will wait.

G. Luenzmann: Nothing right now.

G. Monaco: Nothing.

T. Hamilton: After the Public.

G. Lake: Is there anyone from the Public who has comments on this application?

T. Grega: My property adjoins the proposed lot there. I just have some concerns about the water and how the pond was drained and then re-established and also the crater that was created to create the access driveway coming down. Basically I'm concerned about the re-sale ability for my house and my neighbors because the water table is beginning to change now. There were some drainage issues prior to any development that's going on in these wetlands and now there are water concerns.

R. Carr: When you say the water has changed, in what way?

T. Grega: Well, there is natural drainage coming from under the road down towards the hill. And then when the driveway was built there was a culvert put in.

A. Dulgarian: Which driveway are you talking about? The existing house or did they do something else?

T. Grega: The one under construction where the access road was built to the house under construction. The culvert does not catch all the water and as a result some of the water is going towards my property. The whole water table is just different and there is a fall off back into the valley into the hardwoods. I just have big concerns about the integrity of the house there and whoever does buy, not knowing this history. I saw some tree trucks that were just buried with fill and I don't know what that's going to do five years from now when those logs start rotting out. I just think there is a lot of changing to the natural wetlands and what the affect will be upon me and my neighbors. I have some serious questions and concerns about it. Also, here were some holiday working. I know it's a different scope but I was wondering what the policy is towards working on Thanksgiving Day, Sundays, and Holidays?

G. Lake: This Board really doesn't do that.

T. Hamilton: I don't think the Town has . . .

G. Barone: There is a noise ordinance which restricts the operation of equipment and machinery between certain hours a day. I don't know what the hours are offhand.

T. Grega: Also, I know it's more of a building issue but the sub-contractors have been sitting in our easement restricting access to my driveway waiting for the other contractors to come in.

G. Lake: The only thing I can tell you there would be to either call the Code Enforcer or file a complaint. Again, this Board, you're really outside the realm of this Board as far as that goes.

T. Grega: Just one thing for the record. My wife put down some concerns and thoughts and if I could just leave it with you and if it's not within the scope of this Board if you could forward it on.

G. Lake: No problem. I'm not sure we want to close it at this point.

D. McGoey: I did a field review out there and I think you've overlooked wetlands.

C. Foti: There probably are wetlands in the back of here.

D. McGoey: There are wetlands in the front where they cut the ditches, the drainage ditches.

C. Foti: Along here?

D. McGoey: Right.

A. Dulgarian: Why did he have to put ditches in there, to drain all that?

C. Foti: No. Basically to stop the drainage. This is a steep hill coming down this way and basically it was to stop the water from coming and just throwing it around.

D. McGoey: Was there an issue with the Army Corps of Engineers?

C. Foti: I'm not sure they did. The last time, you knew about it at the last meeting. I went to the site. At the last meeting the issue was brought up. I went to the site and talked to the construction people there and they said nobody had come there. I gave you a call and you said you had not received a call. I talked with the client and the construction people and they have not received any notification of wetlands to date.

G. Lake: Let me ask you. Who does the wetland flagging for you?

C. Foti: Mr. Thorgensen.

G. Lake: Did you contact him or did you have him out there at all?

C. Foti: No, I have not.

G. Lake: You mean after the last time you were here and it was mentioned to you that we thought there might be wetlands? I think we did, didn't we?

D. McGoey: Yes. That's when the Army Corps had called.

G. Lake: Yes, that's right because I did ask about the Army Corps.

C. Foti: The last time we were here, somebody handed you a note saying that the Army Corps had received a complaint that there was a wetland disturbance. The next day I went out there and probably. . .

G. Lake: Stop right there. Who went out there?

C. Foti: I went out there to take a look.

T. Hamilton: Do you flag wetlands?

C. Foti: No. I was just looking to see what the disturbance was and there were disturbances.

G. Lake: I'm just trying to get this straight. What did you do? You went out to see what the disturbance was. What did you do? Did you get your experts out or not? Yes, or no.

C. Foti: No.

G. Lake: Did you get the Army Corps there and did you follow up on the complaint? Did you get the Department of Environmental Conservation?

C. Foti: I called Mr. McGoey and I asked if somebody from the Army Corps had contacted him and basically Mr. McGoey had said no and we have not heard anything. We have not heard anything from Army Corps.

D. McGoey: Just that they had contacted the Town and not my office.

A. Dulgarian: Wouldn't the owner or the applicant determine whether there were wetlands on the site?

G. Lake: Yes.

A. Dulgarian: And as far as our Engineer suggesting that there are perhaps wetlands on the site and should be looked at, I think we're wasting our time going through this.

C. Foti: I will get Mr. Thorgensen out there.

A. Dulgarian: Right, but we still can't do anything.

G. Lake: The problem is it was brought up to you at the last meeting. We told you we received this complaint. You sent the Public notice out. We gave you a Public Hearing. Now, we either have to leave it open for who knows how long or have you waive everything and I will go to the Attorney on that. Is there a time frame and can we leave it open?

G. Barone: You have to close it within one hundred twenty days or something like that. He can waive the requirements. If he goes out there and flags wetlands and he has to redo the lines, then he would have to come for another Public Hearing. You can table it, waive the requirements and have the wetlands flagged or a letter.

T. Hamilton: Mr. Barone, doesn't this if he doesn't satisfy our request and information that time frame will not run out. Only if he satisfy's everything we ask him for then we're stuck with the time frame. If he doesn't give us what we ask for . . .

G. Barone: You would have to vote him down or deny within that time frame.

G. Lake: I would just assume not worry about keeping track. I think we're asking to put ourselves in a babysitting time frame which I don't think we want to do. Sir, do you want to say something?

Mr. Torres: I border the property. A lot of that property was disturbed. That water now comes to my property. You should go out there and investigate and see what's really going on.

G. Lake: Our Engineer did go out and a couple of us have been out. We have been trying to get a full picture of what's happening there.

Unidentified Person: I live near my neighbors here. Recently, my house sits right on the road. From my deck, I do a lot of hiking there and I've been in and out of those woods. The drainage system, there's one running and one perpendicular to the road and when the water comes down off the road, down into it. Then they have culverts.

G. Lake: When you say drainage, are they like a french drain?

Unidentified Person: There's no pipe. It's just dug out with a machine.

G. Lake: And filled with rocks?

Unidentified Person: No. It's pure dirt.

G. Lake: In an open ditch.

Unidentified Person: Yes. I can see now the difference just looking out from my deck two things. It doesn't affect me because my property is here but my neighbors out in the middle of their lot it goes down about a couple of hundred feet from this house that's existing that they're putting up that Mr. Grega complained about with the driveway, the water is starting to build up. I've been there for two years and I never saw it get like that. There's something going on there that deserves and warrants somebody to look into this a little further before they go and something happens over there.

G. Lake: Did you realize they did this?

C. Foti: No. They did dig ditches, showed the Board.

G. Lake: They received a Building Permit for this?

C. Foti: That's correct.

G. Lake: Before they had it subdivided?

C. Foti: That's correct.

G. Lake: Obviously you know what needs to be done.

C. Foti: I will get Mr. Thorgensen out there.

G. Lake: Get him out there with Mr. McGoey at his convenience. I will try and make it also. Let's get this flagged. As far as the driveway goes, now that you're before the Planning Board instead of just getting a Building Permit, I realize that's why they probably went to the Building Department first and then decided to subdivide now. Take another look at the driveway. Obviously there's water running off on somebody else's property. If you were here with the whole subdivision first, we wouldn't have allowed it. You're here now, so we're not going to allow it. You're going to have to take another look at that. Let's get everything cleaned up. I'm going to make a motion to table for further action. I'm going to ask you to waive all time frames that are involved to keep the Public Hearing and any other action. Is that a yes or no?

C. Foti: Yes.

G. Lake: Thank you. We will table this until we get the wetlands flagged. Like I said, that driveway you might not have had nothing to do with it. I realize that since they got a Building Permit but now that's it's here before the Planning Board I think it's under our jurisdiction now. So, when you go back and tell whoever owns this that it will be looked at.

C. Foti: The same person owns the whole thing.

G. Lake: I realize that.

D. McGoey: I just want to make sure he gets that corrected before they issue a Certificate of Occupancy and they have a new owner.

T. Hamilton: You have to see the drainage anyway, the layout of what they're going to do.

MOTION to keep the PUBLIC HEARING OPEN with applicant waiving time frames and tabled for further review made by A. Dulgarian and seconded by G. Luenzmann.

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

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