continued
from page 2
T.
Hamilton: Dick, you're going to review the new landscaping
in case the State doesn't let him do it, he will have
to re-arrange everything then?
D. McGoey: Yes.
J. Tirolli: Here's what we would propose that assuming we
satisfy your Engineer with landscaping.
G. Lake: You're getting a subject to.
J. Tirolli: If we satisfy Mr. McGoey and then he goes to the
Building Inspector to be able to put this in place. Now, he
won't be able to pave this month. He won't be able to landscape
this month. Should be set some time limits?
D. McGoey: When are you going to get the Department of Environmental
Conservation approval?
J. Tirolli: It could take six months to get their answer by
the time we apply and get their comments with their schedule.
He wants to be on the lot in two or three weeks. What we're
going to propose is that we set some time period and that we
come back, and I just picked this, by June 1st to prove to
you that the landscaping is in and if it's not then he has
to take everything off the lot.
T. Hamilton: Yes, but once you're on it.
A. Dulgarian: I would want everything in place before the
Certificate of Occupancy.
J. Tirolli: The building is already there and the pavement
is there. Normally you have to build that before you can occupy
it.
A. Dulgarian: But what you just sought for Site Plan approval
has other things on that property.
J. Tirolli: Yes, the landscaping and I'm asking how to handle
that.
A. Dulgarian: And the added blacktop.
J. Tirolli: Right. How do we handle that?
A. Dulgarian: I don't know.
G. Mann: As far as the display area out on Route 17, I won't
put anything on it until it is paved. I can tell you that right
now.
J. Tirolli: Work it out with Mr. McGoey in terms of whether
it's a bond or whatever?
D. McGoey: We will get a bond.
MOTION made for applicant to submit a bond for the landscaping
and the paving made by G. Lake and seconded by A. Dulgarian.
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
4. PUBLIC HEARING 7:45 P.M. - CONKLIN - 2 LOT SUBDIVISION -
Dosen Road (14-1-14.41) #069-003
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 3rd day of March, 2004 at 7:30 P.M. or
as soon thereafter as the matter can be heard that day on the
application of Robert C. Conklin, 481 Dosen Road, Middletown,
New York 10940, for approval of a two lot subdivision located
on the North side of Dosen Road, l,500 feet Northeast of Decker
Road, under Article III, Section 4, Paragraph G of the Subdivision
Regulations of the Town of Wallkill. All parties of interest
will be heard at said time and place. S/Gary Lake, Chairman
G. Lake: Tell us what you want to do?
D.
Yanosh: We were here a couple of months ago with the layout.
It's the same thing, a two
lot subdivision. It
was subdivided
back in 1994. This "U" shaped property was left over.
The house on lot #1 is the house that was approved for in that
subdivision that was done in 1994. Subsequent to that, in 1996
he built a house on the other side of the horseshoe on Dosen
Road which is lot #2. Eustance & Horowitz approved a septic
design and that's where he lives today. Now, we're cutting
off lot #1, which was the pre-existing approved lot in 1994.
G. Lake: I will go to the Board before I go to the Public?
A. Dulgarian: No.
P. Owen: No.
R. Carr: No.
G. Luenzmann: No.
G. Monaco: No.
T. Hamilton: No.
G. Lake: Is there anyone from the Public who wishes to comment
on this application?
MOTION made to close this PUBLIC HEARING at 9:04 P.M. 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
G. Lake: Do you have Dick's comments on this?
D. Yanosh: Yes.
G. Lake: There are only three. Do you want to go through them
real quick before I go back to the Board?
D. Yanosh: No problem with the note on lot #2 for no further
subdivision. Again, I don't know who to check with regarding
the septic system was approved in 1994. I don't know how long
they last but I believe about fifteen years. It's right in
front of the Russo property. Did you get any comments from
the Highway Superintendent?
A. Dulgarian: Yes, just the one.
G. Lake: You have no problem with that?
D. Yanosh: No problem.
G. Lake: Let me go back to the Board.
A. Dulgarian: Nothing.
P. Owen: Nothing.
R. Carr: I have no problems.
G. Luenzmann: I have no problems.
G. Monaco: No problems.
T. Hamilton: Nothing.
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
G. Lake: Dick, with the septic, you're saying here that if
we give final if it is verified.
D. Yanosh: I will check with the Building Department to see
if it's okay?
D.
McGoey: Yes. Check with the Building Department and see
what their policy has been to allow
it to go back
that far.
Otherwise, you will have to get Eustance & Horowitz's approval.
G. Lake: So, we can do a final subject to that?
D. McGoey: Yes, subject to that.
MOTION for 2 LOT SUBDIVISION subject to providing the septic
information 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
5. PUBLIC HEARING 7:50 P.M. - LeVIERE - 2 LOT SUBDIVISION -
Seaman Road (7-1-10.6) #025-003
G. Lake: Public Hearing started at 9:08 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 3rd day of March, 2004 at 7:30 P.M.
or as soon thereafter as the matter can be heard that day
on the application of Earle and Patricia LeViere, 40 Seaman
Road, Circleville, New York 10919, for approval of a two
lot subdivision located on the Southeast side of Seaman Road,
800 feet Northeast of Goshen Turnpike, under Article III,
Section 4, Paragraph G of the Subdivision Regulations of
the Town of Wallkill. All parties of interest will be heard
at said time and place. S/Gary Lake, Chairman
G. Lake: Tell us where you are with this application.
D. Yanosh: We did some soil testing and got some good soil
in the one section. We had our wells and septics located. The
proposed well is far enough away from the septic system. It's
not in the direct drainage. The septic system has to approved
by the Health Department since it was part of an original subdivision
years ago. We still have to get their approvals.
G. Lake: Let me go through the Board before I go to the Public?
A. Dulgarian: Nothing.
P. Owen: Nothing.
R. Carr: Nothing.
G. Luenzmann: Nothing.
G. Monaco: Nothing.
T. Hamilton: Nothing.
G. Lake: Is there anyone from the Public who wishes to comment
on this application?
MOTION to close this PUBLIC HEARING at 9:10 P.M. made by P.
Owen 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. First off when you were here the
last time, I think the Board pointed out that there were some
drains down through here. Has that been solved?
D. Yanosh: One of Dick's comments is to make sure that I reduce
the grades from eleven and twelve percent down to ten percent.
I can probably work that out with no problem at all. The Highway
Superintendent, I've been waiting for the snow to melt off
the edges to see what that ditch line looks like and before
I come back for Final Health Department we should have it all
done.
G. Lake: Let me go back to the Board.
A. Dulgarian: That septic is fine all the way in the back?
D. Yanosh: We did test pits on February 9th and it was fine.
A. Dulgarian: I have no issues.
P. Owen: Nothing.
R. Carr: Nothing.
G. Luenzmann: I have no issues.
G. Monaco: Nothing.
T. Hamilton: Nothing.
MOTION for a NEGATIVE DECLARATION subject to all comments
made by P. Owen 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
MOTION for PRELIMINARY APPROVAL 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
6. REGENCY CLUB - SITE PLAN/SPECIAL USE PERMIT - MODIFICATION
OF SITE PLAN - Schutt Road (73-1-4) #003-002
G. Jacobowitz: I am here on behalf of the Regency Club, the
project on Schutt Road. We're here to talk about a particular
condition that provided that all recreation facilities had
to be constructed before the first Certificate of Occupancy
would be issued for any of the buildings. Due to the weather,
the progression of the work has been a very difficult thing
to accomplish so instead of that what we're asking is, to allow
us to put up a cash bond of $365,000 to guarantee completion
of the recreation facilities. That amount is what the Engineer
provided to Mr. McGoey and he reviewed it and adjusted it somewhat
and that's how we came to $365,000. We have an escrow agreement
covering that which Mr. Barone, your Attorney, has reviewed
and is in satisfactory form for the Town's purposes. What's
the affect of this? Basically that they will be able to have
people move in with Certificate of Occupancies in buildings
before all the recreation is finished. One building is done
ready for a Certificate of Occupancy. The punch list has been
done and has been reviewed and the work has been done substantially.
There's got to be a re-inspection but there are people ready
to move in literally. We do want to let them move in. There
will be another building finished in about a month. The club
house and pool will be finished by July 1st. The tennis court
and the play area will be finished by September 1st. The bond
will be to do everything one hundred percent satisfactory by
October 30th of 2004.
G. Lake: When we had our discussion with your counterpart
about this along with Dick, I thought we were not going to
stretch out the recreation that long. I was under the impression
when we did away with normal bonds and letters of credit and
we wanted the amount up front which I believe this is what
this is, right?
G. Barone: Yes.
G. Lake: I was under the impression when I had the conversation
that the recreation would be undertaken immediately when conditions
were favorable.
G. Jacobowitz: You're correct.
G. Lake: Now, I'm kind of surprised to here that it is going
to be staggered.
G. Jacobowitz: Construction has started. The footings are
in on the club house. The pool is going to be started next
week. The July 1st date is the conservative date that the construction
manager gave me tonight. It should be done before that. Construction
is already going forward on it and it's going to proceed as
fast as weather allows. The $365,000 is a cash bond. It's a
check that will be deposited to the Town's funds, Trust and
Agency. They will have control over it pursuant to the agreement.
The developer is under a lot of inducement to get the work
done because he's going to pay to get the work done and he
has the same amount sitting at the Town so there is plenty
of inducement there for him to get it finished.
G. Lake: I think it is important for everybody to realize
that. This is, again, a little outside the norm that we do
with a bond. We're actually getting the cash this time around.
T. Hamilton: Just while we're on the same line, that last
date was October 30st for the bond.
G. Jacobowitz: Yes. The last day of October is the absolute
drop dead date.
T. Hamilton: It's a drop dead date but now you're into the
winter season and if we could get this money we're we are going
to have to use it, now we're stuck in the middle of winter
where we can't do it either. Now you're going to end up waiting
for next Spring before you're going to get it again. Why stretch
it that much? We have the money but we can't build it now.
G. Lake: Wait. How many buildings were there?
G. Jacobowitz: Eleven buildings.
G. Lake: Dick, in all honesty we don't want to re-hash this
again. How can we, you're coming up on the end of two buildings
now?
G. Jacobowitz: Yes.
G. Lake: Is it possible to say at the end of six buildings
these will be done with all of them having Certificate of Occupancies?
D. McGoey: Yes.
G. Jacobowitz: We won't be able to get six Certificate of
Occupancies without finishing the recreation.
D. McGoey: I'm not sure. Are the Certificate of Occupancies
being issued by apartment or by building?
G. Jacobowitz: By building.
D. McGoey: Alright.
A. Dulgarian: That part sounds good. I have other questions.
The sidewalks, they're going to be done before one Certificate
of Occupancy is issued?
C. Glindo: Sidewalks will be in front of the buildings, no
question.
A. Dulgarian: Are the sidewalks along Schutt Road going to
be done before a Certificate of Occupancy is issued?
C. Glindo: No sir. We have a safety fence up all along the
areas to keep people away from construction barriers.
A. Dulgarian: Well, that was part of the original Site Plan
to have the sidewalks done. So, that's another issue on top
of the recreation, correct?
G. Barone: If that was the way we approved it.
A. Dulgarian: My other question is Dick, have you reviewed
this whole site out there?
D. McGoey: I might have.
A. Dulgarian: Is it okay?
D. McGoey: I don't know the answer.
A. Dulgarian: Because the crown of that road by the time you
get down to that curve, it's going to have a pretty pitch if
you continue the road out.
D. McGoey: Coming out to Schutt Road?
A. Dulgarian: Yes.
C. Glindo: We already ripped out the curb. Yes, there was
a problem when we first put it in up on the higher section
of Schutt Road.
A. Dulgarian: Has it been re-done?
C. Glindo: Yes. I ripped out the curbs. We had a problem on
the high side towards East Main Street. There was a problem
with the curb being a little low and the Highway Department
Superintendent didn't like it and we ripped it out and we replaced
that section.
A. Dulgarian: I noticed it before but I didn't know it had
been replaced.
C. Glindo: There was a problem.
A. Dulgarian: That is my only issue. I would like to see those
sidewalks done before any Certificate of Occupancies are issued.
Once you have people in there they may not need recreation
but they need safety out in the road.
G. Lake: I have to assume you're worried about the children
standing out in the street.
A. Dulgarian: Sure. Kids walk that road all the time.
G. Lake: I think at least some place for the kids to stand
in a safe manner.
G. Jacobowitz: I'm sorry.
