D.
Yanosh: We're in the M-I zone.
G.
Lake: Is that it at this point for your presentation?
D.
Yanosh: Some of the other points that were brought up were storm
water runoff and drainage and oil spills and what ever. There
are no floor drains in the building. Any time of work is done
inside the building. It's all swept up and kept up inside with
speedy-dry for any spills. Any of the material that is used is
stored inside of the building so there is no need for an oil separator.
He does run a clean operation over in Montgomery right now. He
has talked to his neighbors in Montgomery and has statements from
them if you require them. The type of business that he has, hours
of operation will be from 8:00 to 5:00, Monday through Friday.
Late in the evening is infrequent. He doesn't do it now and he
doesn't plan on doing it later. Mechanical repairs, minimal water
supply. We will have a bathroom in there. We're not going to be
washing vehicles or things like that. Everything is going to be
stored inside.
A.
Dulgarian: I really don't have a problem with the project. I know
there were some questions on the quality of life issues and things
along those lines. It's right across the street from a farm which
was probably formally a full blown farm. I imagine the noise from
a farm and the hours of a farm would be a lot more intimidating
if you will than from an auto repair in this day and age. About
a half mile down the road there's a similar business that does
handicap conversions and then down the other way we have more
industrial type buildings. Knowing how automotive repair facilities
are run in this day and age and what scrutiny they come under,
I don't have a problem with this.
R.
Carr: I recognize that it is in the M-I zone, the fact that in
that particular area there are a number of residences and it appears
to be just inserted right between those residences, I just don't
feel that it's belongs with the surrounding properties.
G. Luenzmann: I have driven out there several times to examine
the site and how it would work in that particular neighborhood.
I had a concern with the site distance. I thought it was a very
significant problem there because the cars are traveling at some
rate of speed on Route 211 and they're not going to see a lot
of traffic coming in and out of the service station. The other
thing, too, I looked at the two houses over there and we are putting
this service station in the middle of them. It wouldn't seem to
be appropriate. In fact, Dick mentioned this on his comments also
and recommended that the Attorney visit the Planning Board on
249-40.
G.
Lake: We will get to that.
G.
Luenzmann: I'm concerned about the location of this between two
homes but I am more concerned about the site distance.
G.
Monaco: This site seems incompatible where it is located smack
in between these homes. Cars travel down there fifty five to sixty
miles per hour and it creates a lot of problems there.
I don't feel very comfortable with it.
T.
Hamilton: On the M-I zone actually these homes, what is their
property zoned as?
D.
Yanosh: M-I.
T.
Hamilton: M-I, so the home owners themselves have never opted
to go to the Town Board and try and re-zone which would eliminate
some of these problems down the road.
D.
Yanosh: Not to my knowledge.
T.
Hamilton: Right now the zone is still M-I right across that whole
area down Route 211.
D.
Yanosh: Correct.
T.
Hamilton: But you have a land owner that has this property for
years and has known it was M-I and now he is looking to develop
it. The homes in the area haven't looked into even changing to
try and stop something like this to have them change the setbacks
would probably eliminate the use of this because it would border
an R zone or something like that. It's the M-I zone and it fits
the criteria of the M-I zone.
G.
Lake: Dan, do you have the comments on this?
D. Yanosh: Yes. We looked at this later on. The only agricultural
district that abuts the property is the land across the street,
Mr. Baum and really the one behind us also. I can label that on
both sides. It's across the street and behind us. They are the
only properties that are agricultural exempt. I can show that
on the map.
G.
Lake: Mr. Barone, do we need to send. . .
D.
Yanosh: We did it already.
G.
Lake: This is just showing that he has sent out notifying that
there is agricultural neighbors.
D.
Yanosh: I went down to the County building today and if you look
at our tax map, there's fire district lines, water district lines,
sewer district lines, school district lines. All kinds of lines
that go through there. Very hard to interpret. The tax map department
down in Goshen has an old tax map book that has it lined out in
green. They have the more accurate map. They will be updating
their maps also to make it easier for us.
G.
Lake: #2 about the Route 211 site distance.
D.
Yanosh: Again, the Department of Transportation has approved this
site for the driveway location that we show. If the Department
of Transportation would not give it a site, the land would be
worthless. There is access to the property. It's been an existing
lot for I don't know how many years it's been there. Whether you
put a residence, a shopping center, a motel, a warehouse, anything
on that site you need access to it unless it's unworthy and the
Town should buy it.
P.
Hines: He has provided us with a letter from the Department of
Transportation stating the access it acceptable.
D.
Yanosh: And all we have to do is get a permit when we are ready
to construct and we will be ready to go.
G.
Lake: Comment #3 about the residences, would you like to comment
on that?
D.
Yanosh: Again, if you go through the M-I zone, everything is by
a Special Permitted Use. Everything has traffic, everything has
impacts with noise and what ever. Research facility, warehouse,
wholesale establishment, bus terminal, motor vehicle sales, gasoline
stations.
G. Lake: It is an allowable use. This is for the Board. This is
new for us on the agricultural boundaries.
A.
Dulgarian: I don't think that it would be appropriate for this
particular case.
G.
Lake: Mr. Barone, can you enlighten us on this? Is this something
on the books?
G.
Barone: It's been on the books for nearly ten years. A Public
Hearing is not required, per se.
G.
Lake: I think at this point, we are one short tonight. We can
continue to poll a vote or you can wait for al full Board?
D.
Yanosh: Will you have a full Board at the next meeting?
G.
Lake: I don't know. I'm not even sure. I think at this point,
I have to be with Mr. Hamilton and Mr. Dulgarian that it is a
permitted use for that zone. There's always been a conflict like
this since I have been on the Board. For twenty years now, we've
had these conflicts where homes have been there for more than
forty years or thirty years and then we do have these conflicts
and it's very hard. This will come up time and time again.
D.
Yanosh: I know that the operation in Montgomery. Do you have a
letter from those people?
G.
Lake: Yes.
D.
Yanosh: He's right there in Montgomery real close to residences
and he has no problems with his neighbors right now.
A.
Dulgarian: Just down the road from this is another repair shop
and it's surrounded by houses. Again, it does happen this is currently
zoned for that. The property owner has a right to develop his
property within reason and as long as it meets all of our criteria.
Now, I know we've been referred to 249-39 & 40 and to me that's
satisfactory. What we are looking at here is a real life situation.
We can't pick up and move things and have scissors and cardboard
and just move things. If it existing, it's existing but when you
move into an M-I zone, it's buyer beware.
R. Carr: When you are on the border, we have a one hundred foot
buffer. While that is M-I inserting that right between those residences.
A.
Dulgarian: We're not supposed to debate here but what's the difference
between that and an operating farm with hay and machines?
G.
Lake: Let's poll.
D.
Yanosh: I will wait for a full Board.
G.
Lake: That or do you want to do the Public Hearing thing, to see
if they are going to hold a Public Hearing on this?
A.
Dulgarian: Public Hearing on this?
G.
Lake: We've never done it.
G.
Monaco: We're talking about conforming to code and there is a
noise standard. I'm wondering if the repair shop would impact
them by being in that type of proximity.
A.
Dulgarian: Again, we're not here to debate.
G.
Monaco: I realize that.
A.
Dulgarian: In an enclosed shop, I don't care what kind of pneumatic
tools you're running or what ever, what's the difference?
G.
Lake: Let's move the question if you want to move it. Do you think
we need the Public Hearing?
A.
Dulgarian: No.
R.
Carr: No.
G.
Luenzmann: No.
G.
Monaco: No.
T.
Hamilton: No.
G. Lake: I, myself, I don't thing we need it either.
D.
Yanosh: I would like to wait for a full Board.
Tabled.
Applicant waives the sixty two day time frame.
5. CIESLEWITZ - 2 LOT SUBDIVISION - King Road (12-1-51) #017-002
D.
Yanosh: I am the surveyor for the project. This is the farm on
King Road and Brimstone Hill Road located in the RA zone. He owns
two tax map parcels. Sheet #2 is the blow up of both pieces of
property. Tax lot #47 and #51. Tax lot #51 has access to King
Road through a one hundred forty five foot strip out there in
the front. The proposal today is to subdivide a 3.24 acre piece
of property with that access off of King Road in that section,
one single family home and due to the fact that it would cut off
our road access to King Road, we are going to have to combine
that with the remaining parcel of #51 with tax lot 18.31 to make
it all one big lot. It will be a single family home showing on
sheet #1 where the house would go, septic system and driveway.
We also did the mailing for the agricultural district.
G.
Lake: Thank you.
A.
Dulgarian: I have nothing. It is pretty reasonable.
R.
Carr: Nothing.
G.
Luenzmann: It looks good to me.
G.
Monaco: No problem.
T.
Hamilton: No problem. Dick's comments, that's all.
G.
Lake: Has this been subdivided before?
D.
Yanosh: Not in the last ten years.
G.
Lake: Do you have any problems with Dick's comments?
D.
Yanosh: No.
MOTION for a NEGATIVE DECLARATION made by A. Dulgarian and seconded
by T. Hamilton.
VOTING
AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann,
G. Monaco
MOTION
CARRIED. 6 AYES
MOTION
for 2 LOT SUBDIVISION approval made by G. Luenzmann and seconded
by R. Carr.
VOTING
AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann,
G. Monaco
MOTION
CARRIED. 6 AYES
6. TOWNSEND - 3 LOT SUBDIVISION - VanBurenville/Keasel Roads (36-1-1)
#015-002
D.
Yanosh: I am the surveyor for the project on a 4.7 acre parcel
of land on VanBurenville Road and Keasel Road, the Redwood Tennis
Club. Out here now are existing tennis courts and a pro shop.
It is pretty much vacant and run down now. Across the street is
the apartments for the Redwood Tennis Club facility. The proposal
is for three residential single family homes, 1.53, 1.54, 1.6
acres of land. They meet the soils calculations and all that.
G.
Lake: You have a copy of the comments. Do you have any problems
with any of those?
D.
Yanosh: The only question I have with the existing house is the
adjoining lots. Does he want across the street also or not?
R.
Carr: There's something over here, correct?
G.
Lake: Let's make a call. Straighten it out between now and the
Public Hearing.
P.
Hines: This was the tennis club, correct.
A.
Dulgarian: No problem.
R. Carr: Nothing.
G.
Luenzmann: Nothing.
G.
Monaco: Nothing.
T.
Hamilton: No comments.
MOTION
to schedule a PUBLIC HEARING for May 1, 2002 made by T. Hamilton
and seconded by A. Dulgarian.
VOTING
AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann,
G. Monaco
MOTION
CARRIED. 6 AYES
7. KANDEL ASSOCIATES - 3 LOT SUBDIVISION - M & M Road (14-1-104)
#016-002
D.
Yanosh: I am the surveyor for the project. Again a 53.05 acre
parcel of land bordering on M & M Road. It's in the R-2 zone.
It's a big piece of property, a lot of the middle and the back
section is wet, some Department of Environmental Conservation
wetlands way in the back over here. The proposal is for a three
lot subdivision. Lot #1 and Lot #2 are both over three acres due
to the soils calculations. The remaining lands of lot #3, the
46.26 acres right now will remain vacant.
G.
Lake: Can that support a residence though?
D.
Yanosh: Yes it can.
G.
Lake: Don't we ask you to put that on to show that anyway?
D.
Yanosh: Different times, yes. It depends on the size. We did some
soils testing up here in this corner and we have a good spot.
G.
Lake: Okay.
D. Yanosh: What we also show is a fifty foot access up by the
corner near the Christian Faith Fellowship Church. Tax lot #106
which is above us, if you look at my location map, it's a landlocked
piece of property. He has an easement from the other road to come
in from Route 17M but we want to give it some road frontage here
on M & M Road. What we propose to do is cut off a fifty foot
wide strip. What I am going to do now is extend that fifty foot
wide strip all the way to the back of lot #1. It will probably
be about three hundred eighty feet deep. That will be deeded to
tax lot #106 which will give him frontage to access in and out
of that lot.
G.
Lake: Okay.
A.
Dulgarian: So, the back lot is going to have two different accesses
off of M & M Road?
D.
Yanosh: No.
A.
Dulgarian: Okay, so that lot is going to have access here. The
back lot has that one hundred feet or so?
D.
Yanosh: One hundred twenty feet of access. What I am going to
do is blow up this front section so you can see it in better detail.
G.
Lake: Anything else?
R.
Carr: Do I understand there is only going to be one lot on this
large lot?
G.
Lake: He's not even proposing it. What we do is ask if they have
a remaining piece of land to show even though they don't propose
right now, to make sure that somebody could build there.
P.
Hines: It keeps them from subdividing off designated wetlands
or something.
G.
Luenzmann: I don't have any questions.
G.
Monaco: Nothing at this time.
G.
Lake: Hold up. I will explain the process.
T.
Hamilton: Nothing.
G. Lake: What happens is we will be setting a Public Hearing at
which time public comment would be taken. That's the time if you
want to speak there will be a notice by mail or if not, it will
be in the newspaper. We are going to give the date tonight. At
that time we will accept public comments.
MOTION
to schedule a PUBLIC HEARING for May 1, 2002 made by T. Hamilton
and seconded by A. Dulgarian.
VOTING
AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann,
G. Monaco
MOTION
CARRIED. 6 AYES
