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D. McGoey: My comment is about the site distance and no way to improve it.

D. Yanosh: It is a dirt road right now which you can only do thirty miles an hour and if I do my clearing. There is an existing driveway there right now that he gets into. I mean there is an existing driveway there now. It's not like putting in something new.

A. Dulgarian: Where's the road?

D. Yanosh: He has a little spot back here where he has his equipment.

D. McGoey: I couldn't agree with the site distance.

D. Yanosh: The existing driveway has been there since 1990 or prior to that.

T. Hamilton: The Superintendent indicated to have a meeting prior to the issuance of a Driveway Permit.

G. Lake: Right. This wasn't subdivided within the last ten years then?

D. Yanosh: Correct.

G. Lake: Dick, what else do you have on your comments?

D. McGoey: Flood plain shown as part of the subdistrict.

D. Yanosh: We have no problem with that.

G. Lake: Dick, this is a two lot subdivision then?

D. McGoey: Yes.

D. Yanosh: This is what was proposed back then.

A. Dulgarian: What happened with that?

D. Yanosh: I have no idea.

G. Lake: And how many lots was that one for?

D. Yanosh: Two.

G. Lake: Dick, do we act on this or do you want . . .

D. McGoey: I would like to get that site distance straightened out.

D. Yanosh: I've looked at it and once you clear those trees out of the way and I get the okay from the Highway Superintendent because it's an existing driveway and we have a right to access the Town road. It's a small little dirt road right now. It will need more work down the road but there are some houses down there. It's right at the end.

G. Lake: But you have no intention of having permits on the subdivision?

D. Yanosh: I don't think they ever will, no. He wants his privacy.

D. McGoey: But he needs site clearing on somebody else's lot.

G. Barone: Taking down the trees on somebody else's land, who knows what that adjoining landowner would want to do down the road. He has to verify that he has the right to get in and use that area.

G. Lake: Okay. Why don't you talk to the Highway Superintendent and work this out. Let us pull out the file and see what happened with that and see if we can straighten it out. Get the site distance worked out with the Highway Superintendent.

MOTION to TABLE for further review made by P. Owen and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

9. VASULLO - OFFICE/WAREHOUSE - SITE PLAN/SPECIAL USE PERMIT - Weld Road (3-1-25) #003-004

T. Ptak: We're here tonight to request approval to put up a fifty by one hundred foot building on approximately an acre in the HC zone. The intended use of the property is. The owner is a mason and he would like to put his office and equipment on the site and also have one thousand square feet for retail. That's one thing we need to address and one of Dick's comments. Office is a permitted use on the site and he had talked about having about one thousand square foot of office and the remainder of the building would be used for equipment and materials storage. Dick is correct in that there is no warehouse in this zone however, I took a look and it said that all permitted uses and storage uses accessory thereto other than off street parking shall be carried on in the buildings proposed on at least three sides. So what we would like is to have a ruling from the Town Attorney whether we can have an office and have the remainder of the building as storage accessory thereto.

G. Barone: I really don't see a problem constructed that way. You're going to have a retail operation eventually and he would have a right and you say everything is going to be enclosed within a building?

T. Ptak: A building, yes.

G. Barone: There will not be outdoor storage of materials and supplies?

T. Ptak: No.

G. Barone: Everything should be kept inside but it has to be a permitted business establishment and it wouldn't require a Public Hearing.

G. Lake: It would?

G. Barone: It would not.

G. Lake: Dick's comments? Is there anyone that we should highlight?

D. McGoey: Well, site distance is going to be a problem out there. I did a field review after I had a work session and there is a serious crown in the road limiting site distance. He has to work that out with the Highway Superintendent.

T. Ptak: Yes, and I have a tentative meeting with the Highway Superintendent. He said we could meet once we got further along in the project. The other items I think are just clarification and I don't really see anything that we have a problem with. I can go over them briefly if you would like.

D. McGoey: I think we should probably have another work session.

T. Ptak: Most of these, do you really need a work session?

D. McGoey: There are a lot of them.

T. Ptak: I understand.

G. Lake: Actually with due respect, I probably wouldn't have had you scheduled with this many items and with the Highway Superintendent's comment. I kind of slipped up myself here. You know you don't need a Public Hearing. Let me go through the Board for their comments. Did you receive the Highway Superintendent's comments?

T. Ptak: No. I did meet with him on this a couple of weeks ago and then he said when we got further along he would meet with us.

G. Lake: He must have gone out and taken a look. We will get his comments to you.

A. Dulgarian: Just to mention, Dick's comment #21 before you go ripp0ing and tearing in there I think you need to mark the trees and secondly when you come back be prepared to talk about the type of equipment a mason uses and how can it all be inside.

T. Ptak: There are only two trees of significance out there. There are two big four foot oak trees, one on each property line. The rest of it has basically been cleared. There is nothing but brush on there.

D. McGoey: There is . . .

T. Ptak: Not on the property. There's nothing there except for those two trees.

D. McGoey: I will look at it again.

G. Lake: Anything else Mr. Dulgarian?

A. Dulgarian: That is just about the extent of it.

P. Owen: As far as the use being out there, I'm not exactly sure what they intend to have on site.

G. Lake: He is going to make stuff at that location?

T. Ptak: No. Mr. Vasullo, please come up. He is the owner. Basically this is for his equipment.

M. Vasullo: I have a small miniature excavator. I usually keep things like that mainly inside in the Winter. I have my own property in Walker Valley. I have five acres there that I keep a lot of my stuff also. It starts to get built up there and more residential so I would like to kind of just move it.

P. Owen: Will you have to do any service work?

M. Vasullo: Yes, but not really to service so much as for storage.

P. Owen: Basically you need a building to store stuff in.

M. Vasullo: Right.

P. Owen: For a warehouse and equipment?

M. Vasullo: Yes.

G. Lake: Anything else, Mr. Owen?

P. Owen: No.

R. Carr: Nothing.

G. Luenzmann: I don't have anything. Probably a work session will be good to iron out the rest of the comments.

G. Monaco: What is it that you do?

M. Vasullo: I do mostly additions and stuff like that. There will be no hazardous materials, no oil, or anything like that.

T. Hamilton: No outside storage of blocks or sand?

M. Vasullo: No. I try to order what I need on a specific job.

G. Lake: Anything else, Mr. Hamilton?

T. Hamilton: No.

G. Lake: Dick?

D. McGoey: Nothing.

G. Lake: Let's get back to another work session, get to the Highway Superintendent so you can get his comment squared away.

MOTION to TABLE for further review made by P. Owen and seconded by R. Carr.
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

10. FAIRWAYS - SITE PLAN/SPECIAL USE PERMIT - Golf Links Road (73-1-31.2) #120-002

J. VanTile: As you remember we were here in November and the Board granted Preliminary Approval. Since that time we've been working very hard to resolve the Town conditions most import of which was the Town Board approval of a section 4.1 on the each side of Golf Links Road and was approved at the last Town Board meeting. We've now addressed all the Town issues so that the only remaining things outstanding are the usual. We have a closing scheduled for the property on April 15th and it's a firm closing date and the lender has asked that we do our best to obtain Condition Final Approval in the interest of financing. We've been working in a work shop setting to resolve all the concerns and I believe that we've reached an agreement for Conditional Final if the Board is willing to consider it.

G. Lake: We probably had about three work sessions to finish up. I know Mr. McGoey worked extremely hard. I worked extremely hard on it. Mr. Barone gave us a copy two days ago. Do any of the Board members have any questions?

A. Dulgarian: What is the difference between Conditional Final and Final Approval?

G. Barone: They have basically a guaranteed right to build the project as long as they satisfy the conditions.

A. Dulgarian: That's what they're looking for, Conditional Final?

G. Barone: That's what they want, a Conditional Final. It makes their lender more comfortable loaning the money.

A. Dulgarian: Are you okay with the document?

G. Barone: I've gone over the document. The only thing I want to point out, is the developer's agreement which is one of the conditions.

A. Dulgarian: I have no problem.

P. Owen: It's fine.

R. Carr: It sounds good to me.

G. Luenzmann: I have no problems.

G. Monaco: No problems.

T. Hamilton: Nothing.

MOTION for CONDITIONAL FINAL subject to Mr. Barone's final review made by A. Dulgarian 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

11. ASAP CONSTRUCTION (Ciraco & Fano) - SITE PLAN - County Highway 76 & Fair Oaks Road (14-1-55.2) #011-004

Tabled. Applicant did not get paperwork in time.

TOWN OF WALLKILL PLANNING BOARD