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G. Lake: Mr. Dulgarian brought up a valid point on the sidewalks.

C. Glindo: Sidewalk?

G. Lake: Yes.

C. Glindo: Can you get that sidewalk done before the second Certificate of Occupancy?

G. Lake: Wait a minute. I think what the problem is, you're going to have children maybe. I don't know who you're renting to but if there's children and they have to standing out in the road for a school bus it isn't right so I think at least a chunk of sidewalk done for them.

G. Jacobowitz: I can do that.

G. Lake: We will tie that in with this. Mr. Dulgarian, does that satisfy you for now?

A. Dulgarian: It's not what I was looking for. I was looking for the walking and you're looking for standing.

G. Lake: I think it's a work in progress. There is not out there now.

A. Dulgarian: Yes, but they also put curbing and a snow fence or fence right to the end of the curb so the kids have to walk out in the road.

G. Jacobowitz: We will address that from the safety standpoint to correct that. As far as laying that whole sidewalk, we will get that sidewalk in before the second Certificate of Occupancy. Immediately, we will provide for an area.

A. Dulgarian: I just know it's a safety issue.

D. McGoey: What are you going to do about the safety issue for the first building?

G. Jacobowitz: We're going to put in an area for them standing and we will leave the fencing up to secure that area so they can't go out onto the road except at the designated access point.

D. McGoey: From the first building you're going to have children safety walk from the building to Schutt Road without having to walk out into the road?

C. Glindo: If we can be allowed, maybe having a sidewalk on one side of Schutt Road coming from East Main Street down to the job would be appropriate right now.

D. McGoey: How would the children get from the first building?

C. Glindo: I can do one side. I'm done with all my utilities.

D. McGoey: If you can get a sidewalk, they can have safety from the first building to Schutt Road so they can get a school bus without walking in any road. Get that done for the first building and then the second building, all the sidewalks have to be in place.

G. Lake: Okay.

A. Dulgarian: I like that.

P. Owen: Nothing else.

R. Carr: Nothing else.

G. Luenzmann: Sounds good to me.

G. Monaco: Nothing else.

T. Hamilton: Nothing else.

MOTION to MODIFY the SITE PLAN subject to the recreation being completed by the sixth Certificate of Occupancy and the sidewalks to be completed by the first Certificate of Occupancy for safety reasons as previously discussed 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

7. WALLKILL HEIGHTS - 8 LOT SUBDIVISION - 3rd Street & Silver Lake Scotchtown Road (55-2-1.2, 52-2-1.11, 52-13-1.1, 52-13-1.2) #065-003

L. Potter: I'm from Lanc & Tully and I'm here representing Wallkill Heights for an eight lot subdivision fronting on both sides of Third Street.

G. Lake: Dick's comments. Dick?

D. McGoey: I don't think any of these issues should keep you from setting a Public Hearing date. They should be able to resolve these and hopefully schedule a work session before the Public Hearing to make sure it's all ready for Preliminary action.

L. Potter: We wanted to resolve so we don't go back and forth is the issue with sidewalks.

D. McGoey: I don't think it's going to be negotiable.

L. Potter: The thing is where do we go to.

G. Lake: I though we were . . .

D. McGoey: The Board is attempting to get sidewalks along Silver Lake Scotchtown Road.

L. Potter: We don't front on that road.

D. McGoey: I know you don't but the people will be coming up Third Street to Silver Lake Scotchtown Road.

G. Lake: Where are you asking for sidewalks?

D. McGoey: Along the re-constructed road Third Street.

G. Lake: On both sides, or one side?

D. McGoey: That's up to the Board.

L. Potter: You really can't put them on both sides because we don't have a fifty foot right-of-way when we get to Silver Lake Scotchtown Road. We will a sidewalk in the front of our subdivision.

D. McGoey: That's all we can ask for.

G. Lake: Let me go through the Board.

A. Dulgarian: No issues. I think it's ready for a Public Hearing.

P. Owen: No issues.

R. Carr: Didn't I hear that he owned the land?

A. Dulgarian: Not on Silver Lake Scotchtown Road.

R. Carr: I thought he owned the land.

G. Luenzmann: On both sides of Second Street.

R. Carr: How would he get back to?

L. Potter: This subdivision that we're in for, this subdivision is owned by the same owner as.

G. Lake: There was a history why they ended up this way. The Army Corps had to have them resolve some of the wetlands and that's where the bridge came across up here in order for them. I think if we moved Second Street or the new road in this way, I this the Army Corps land comes up.

D. McGoey: They couldn't get Army Corps approval for Third Street. There were too many wetlands.

G. Luenzmann: I wasn't able to see the map. The sidewalks are going to be in the front here, right?

L. Potter: Showed Mr. Luenzmann on the map. The problem is on this side we don't have a fifty foot right-of-way.

G. Monaco: Nothing.

T. Hamilton: Nothing.

MOTION to schedule a PUBLIC HEARING for May 19, 2004 made by P. Owen 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

8. ZWART - 2 LOT SUBDIVISION - Young Lane & Route 17K (1-1-14.3) #010-004

G. Lake: Let the record show that Mr. Monaco has excused himself from this application.

D. Yanosh: The property is located in the best part of the Town of Wallkill. It is an existing nineteen acre parcel. The Zwart's live on the proposed lot #2 right now with the driveway access off of Route 17K. One of Dick's comments was how long this property has been around. There was a survey map back in 1987 when Kim's mother and father bought the property. It has been a lot since 1987.

D. McGoey: They were before the Planning Board.

D. Yanosh: They were going to do a subdivision but it never got approved.

D. McGoey: It never got approved?

D. Yanosh: No.

G. Lake: So this hasn't been subdivided since 1987?

D. Yanosh: Yes. He was going to do a subdivision of a couple of lots but it never got approved.

D. McGoey: We will have Mrs. Hunt check the files.

M. Hunt: I didn't find anything.

D. McGoey: Was it under a different name?

D. Yanosh: Young was the name of the property back then. The access for this lot here will be off of Young Lane, a seventeen acre lot, lot #2 would be a 2.07 acre lot with the existing house on it. We plan on selling this house on lot #2 and building the new house on lot #1 on top of the hill.

G. Lake: What's going to happen, are they going to be on that whole seventeen acres or are you looking at open development down the road?

D. Yanosh: I don't think so, no. Not really. They like their privacy. This is all open field right here.

A. Dulgarian: Are you willing to put that on the map?

G. Lake: Is that good useable land?

D. Yanosh: This here is good useable land, down here probably isn't as good. Could you do an open development with a road back to here probably one. I don't want to limit him.

G. Lake: I'm just saying maybe take the time and speak to him about it.

A. Dulgarian: No problem right now.

P. Owen: I don't see a problem.

R. Carr: No problem right now.

G. Luenzmann: I don't have any problem.

T. Hamilton: What about the Highway Superintendent's comment on the driveway?

D. McGoey: Yes, I have a problem with the driveway also.

D. Yanosh: I have frontage on the road.