continued
from page 1
S.
Olson: Surely correct me if I’m incorrect. Under
SEQRA, the Board has an obligation to get alternative sites.
Technically you don’t have to revise the application.
The Board’s obligation is to take the best site. If don’t
have to submit a new application for each site. Now, if the
Board would like, I’m sure we can do that. It’s
a simple one page form or two page form. However, we started
this process back in August of 2003. We try to work with the
Town. We heard your concerns about a potential alternative
site. We didn’t have to do that but we want to try and
work with the Town. We’re just asking that if you could
not delay another eight months.
T.
Hamilton: I’m going to say to that, that back in
August I don’t believe that the Planning Board was in
on any of the negotiations. When did it come to us though as
the Planning Board members have to act on it?
S.
Olson: I can’t tell you internally what procedures
were followed. I can tell you on August 6, 2003 the application
was duly submitted to the Planning Board by my office, by me
personally. When it got to each individual member, I can’t
speak to that. And then, we did, and Mr. McGoey was kind enough,
we met with him very soon after that with a work session. We
responded to those comments. We’re back here in November
2003 at which time the Public Hearing was scheduled for this
past January.
G. Lake: Mr. Carr, go ahead.
R.
Carr: I just . . . It’s my opinion that, one of the
things that everybody talked about the last time was to look
for an alternative site. So, I think it makes sense, let’s
look at it and if it is a controversial site and there’s
a lot of people that are opposed to it. I think we should look
at the site. That was one of the biggest points I think that
was brought up by the Public the last time. I think we should
look at it and have them speak on that site.
P.
Owen: I think a reason bringing him in so early as far
as the record shows is part of the
SEQRA process that
we’re
requiring him to look at alternative sites and they’re
looking at alternative sites and they’re going to propose
some alternative sites since that allows you directly out of
this original application. I don’t see a problem with
setting up a Public Hearing date for the alternative site.
G. Lake: Mr. Barone, so, I mean, since we have to look at
alternative sites, it is, I mean, we are . . .as far as the
law goes.
G.
Barone: Yes. You have absolutely every right to direct
him to look at alternative sites.
He’s anticipated that
and have been looking at alternative sites. What I hear them
saying is that if they propose an alternative site, they would
want that site if it’s suitable to this Board then without
having to go back to square one after this applicant. So, whether
it prudent to amend it to this application or is treated as
part of the SEQRA process, it’s really the same thing
then we’re giving them a shortcut that they’re
not going to have to go through the SEQRA process anymore.
G. Lake: Anybody else on the Board?
G.
Luenzmann: Well, I just want to support some of the other
comments that were made. It seems
to me that based
on what
I’ve heard that this is a continuation and we have to
look at it as a continuation setting up another Public Hearing
on this proposal for another cell tower site. I understand
how the schedule is packed up and he will have to be squeezed
in.
S. Olson: I appreciate that.
G. Lake: Mr. Hamilton, do you have anything else at this time?
T. Hamilton: No.
R. Carr: I just have a question on a letter. How many antennae
are proposed on?
S. Olson: I believe twelve.
R. Carr: Are they directional wands?
S.
Olson: They’re proposed to
be a whip antenna.
R.
Carr: So they’re direct?
S.
Olson: Generally they’re a
directional antenna.
R. Carr: Do they tilt down?
S.
Olson: They can tilt. We don’t
tilt them down to the ground. We generally tilt them towards
the horizon.
Unidentified Person: About three degrees.
S. Olson: The purpose is to go out toward the horizon to cover
a wider span.
MOTION to schedule a PUBLIC HEARING on the alternative site
for April 21, 2004 made by P. Owen and seconded by G. Luenzmann.
P. Owen: Aye
R. Carr: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Luenzmann: Aye
G. Lake: Aye
MOTION CARRIED. 6 AYES
G.
Lake: The first site, you’re
going to have a ten day written comment period to get anything
else in
and then
you are scheduled for the 21st for the Public Hearing on the
alternate site.
40095. PUBLIC HEARING 7:35 P.M. - DR. WODKA - SITE PLAN/SPECIAL
USE PERMIT - Industrial Drive (41-1-88) #038-002
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 17th 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 Dr. Michael Wodka, 30 Industrial Drive, Middletown,
New York, 10941 for approval of storage of landscaping equipment
and materials at 30 Industrial Drive off of Tower Drive under
Section 249-38 & 249-40 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
G. Lake: Give us a brief update of what you want to do, please.
M.
Wodka: When I bought the property on 30 Industrial Drive
I gave a decision on a landscaper
using the property
to store
his vehicles. He’s been doing it since and I’m
before the Board to ask for an approval.
G. Lake: Let me go through the Board before opening it up
to the Public.
P. Owen: Nothing.
R. Carr: Nothing.
G. Luenzmann: Nothing.
G. Monaco: Nothing.
T. Hamilton: Nothing at this time.
G. Lake: Is there anyone from the Public who wishes to comment
on this application?
MOTION to close this PUBLIC HEARING at 8:03 P.M. made by P.
Owen and seconded by G. Monaco.
P. Owen: Aye
R. Carr: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Luenzmann: Aye
G. Lake: Aye
MOTION CARRIED. 6 AYES
G. Lake: Dick?
D.
McGoey: No. This matter has been before us. The problem
he had in the earlier application
was he was too
close to the
buffer. He has since modified that. I don’t have any
problem.
G. Lake: I will go through the Board again.
P. Owen: Nothing.
R. Carr: Nothing.
G. Luenzmann: I have no problems.
G. Monaco: Nothing.
T. Hamilton: Nothing.
MOTION for a NEGATIVE DECLARATION made by G. Luenzmann and
seconded by G. Monaco.
P. Owen: Aye
R. Carr: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Luenzmann: Aye
G. Lake: Aye
MOTION CARRIED. 6 AYES
MOTION for SITE PLAN/SPECIAL USE PERMIT made by G. Luenzmann
and seconded by T. Hamilton.
P. Owen: Aye
R. Carr: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Luenzmann: Aye
G. Lake: Aye
MOTION CARRIED. 6 AYES
40096. PUBLIC HEARING 7:40 P.M. - KUNIS/WHITE - SITE PLAN/SPECIAL
USE PERMIT - Dunning Road (50-2-41.1) #075-003
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 17th 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 Smoker’s Choice Management, 24 Dora Drive,
Monticello, New York 12701, for approval of Site Plan and Special
Use Permit for a farmers market and ice cream stand located
on Dunning Road near the intersection of Route 211 under Section
249-38 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
G. Lake: Can you bring us up to speed since the last time
you were here.
J.
O’Rourke: I am with Lanc & Tully Engineers. The
last time we were here we had some outstanding issues with
the engineer and with the County concerning the Highway Entrance
Permit. I will briefly review. This is a 2.5 acre parcel where
we’re proposing an ice cream stand and a farmers market.
Since the last time we were here we met with the County. They
reviewed it and we’ve recently received a letter which
I think the Board has also received. Basically on our entrance
plan, we closing entrances to the adjoining parcel closer to
Route 211, Smoker’s Choice and having one main entrance
into both parcels and one way out only as you get closer down
to Price Shopper complex. In addition, we’ve met with
Mr. McGoey at the last work shop and we’ve addressed
his previous comments. We received his recent correspondence.
In response to that we did speak to Mr. Edward Smith concerning
the grease trap. He basically said that if they’re not
going to cook, they don’t need one but if they ever cook
in the future they would have to put one in so he advises if
there is ever cooking they put it in now. There is none proposed
so, we’re not going to put on in.
G. Lake: Can you put a note on the plan concerning that?
J.
O’Rourke: Yes.
G. Lake: Let me go through the Board before I go to the Public.
P. Owen: Nothing.
R. Carr: Nothing now.
G. Luenzmann: After the Public.
G. Monaco: After the Public.
T. Hamilton: After the Public.
G. Lake: Is there anyone from the Public who wishes to comment
on this application?
J. Barberio: Hi.
G. Lake: Your name for the record?
J.
Barberio: I own Absolutely Flowers. I order twenty five
thousand roses every Labor Day weekend
for my neighbors
and
friends and contribute to every church and organization. This
is the first I’ve been notified of this. I was always
told by an engineer, because I’ve had my own property
engineered to try and put up a greenhouse. I applied October
5th. I got a meeting for December 22nd with Mr. McGoey and
another one for April 12th. I haven’t gotten anywhere.
The Verizon people should be thrilled. They’ve gotten
through the process a lot more than I have. The first thing
is the issue of the entrance. It seems to abut to my land but
I’m not sure exactly from the picture. The second is
the Smoker’s Choice people are using my water on my well
and my pump. I would like to know where they are going to propose
to get this water from. If it’s going to have a septic,
is it going to be an above the ground septic or something unsightly.
If anyone hasn’t noticed, as you make the turn, you see
unsightly things such as the billboards. His permit for the
sign which was never proposed he just put up a sign without
a permit and then was allowed to put a Smoker’s Choice
sign. If you haven’t noticed, it’s much bigger
than the property. Somehow they’ve allowed it in. The
whole side of his building is a billboard. There will be two
more buildings next to me. Two more buildings and nobody from
the Town of Wallkill shows up. I spend a lot of time trying
to upgrade my store and I’ve been doing everything by
permit, meetings and doing everything like I’m supposed
to do them. In the meantime, he has not complied with his building
which looks like a billboard and now you’re going to
let him put up an ice cream store and a lawn and garden and
flower shop next door to me. It’s going to look again
like another billboard. So, if you can please answer my questions.
How is he going to enter all these people onto this road in
and out and is he going to be pumping off my well again and
is he going to have an above the ground septic. Where the ice
cream store is going to go is in two feet of water right now.
After the nineteen acres got polluted from the woods of the
Shop Rite, they dumped all those piles of dirt from Shop Rite.
It’s still a swamp. It still has a line of the stream
running through it since I was a little child in the neighborhood.
Where is it all coming from and how are they going to put that
ice cream store right now on that paper is in two feet of water.
Where is all this coming from? And is he going to be dumping
on someone else’s property. Am I going to have to look
at an above the ground septic?
G.
Lake: First of all, you don’t
have septic there?
J.
O’Rourke: No. If I may . .
.
G.
Lake: Hold up. Let’s finish
these comments.
J.
Barberio: Except that I really would like issues dealt
with the fact that he’s been cited numerous times. They’ve
done nothing. Are you going to continue to let them build two
more buildings?
G. Lake: All I can tell you as far as any violations on his
present building, this Board has absolutely to do on that.
J. Barberio: I understand that.
G. Lake: Listen. Talk to Mr. Ward.
J. Barberio: I shall.
G. Lake: Mr. Valentine, Mr. DePew.
J. Barberio: Will you be discussing his buildings?
G. Lake: This Board is not the enforcer for the Town. So,
if there are violations out there, you really do need to call
Mr. Ward tomorrow morning because that would get the proper
channels rolling. Coming from you would be one hundred percent
better.
J. Barberio: Okay.
G.
Lake: As far as violations go, that’s
where you go. Anything else?
J.
Barberio: I would like to know if he’s going
to be pumping from my well.
G.
Lake: I can’t believe somebody’s pumping from
your well now and you’re letting him get away with it.
All you have to do is shut it off.
J.
Barberio: It’s been shut off
from the road.
G. Lake: Okay. Did we get comments from the Silver Lake Fire
Company?
P.
Hammond: I haven’t seen any
plans on this.
G. Lake: Do you have any comments?
P.
Hammond: Not right now. I haven’t
seen the plans. When I see the plans I will make my comments.
G. Lake: Thank you.
J.
O’Rourke: If I can address
some of these comments.
G.
Lake: Address them all, the water, the sewer, the two foot
of water that it’s in.
J.
O’Rourke: Everything I can
remember that I can respond to. To my knowledge there are
no violations
on this parcel.
G. Lake: Is this a separate parcel?
J.
O’Rourke: Yes. Water is proposed at two service connections,
one for the ice cream store and one for the other building
to be connected to the water main on Dunning Road as shown
on the plan. Sewer is proposed to be tied in to the gravity
sewer to the rear of the property which runs along here. There
is a Town sewer line which runs through our property that we’re
going to make our connection to. Again, this has been reviewed
with Mr. Smith and he’s okay with both those plans. To
my knowledge, this parcel does not have any well connection
to the flower shop. Whether the adjoining property does, I’m
not aware of it.
G.
Lake: We’re only talking about
this property.
J.
O’Rourke: There is no connection.
G.
Lake: This is on it’s own
piece of property?
J.
O’Rourke: Own piece of property
and no interconnection with any utilities.
G. Lake: Okay. Is there any special building needs in the
back, is this fill?
J.
O’Rourke: The pole barn building is at grade. The
ice cream store would be at grade. It will basically a basement
with an extended footing. It’s not in the water now.
That’s to the rear of the property where it drops down.
This is half way in the beginning of the slope where it starts
sloping down. So if you would walk in, you would walk through
you would basically has a two stories looking out the back
and one story looking at the front. It would be step footings.
In relation to the drainage, all the drainage basically flows
from the parking lot through the parking lot to a gravel diaphragm
which is basically a French Drain and it flows as it does now
over the bank and into the river. There is no off-site drainage
entering anybody else’s property.
G.
Lake: Dick, you’ve looked
at all of this?
D. McGoey: Yes.
MOTION to close the PUBLIC HEARING at 8:16 P.M. made by P.
Owen and seconded by G. Luenzmann.
P. Owen: Aye
R. Carr: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Luenzmann: Aye
G. Lake: Aye
MOTION CARRIED. 6 AYES
