MOTION for SITE PLAN/SPECIAL USE PERMIT subject to D. McGoey's comments made by A. Dulgarian and seconded by P. Owen.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

4. WALLKILL TOWN CENTER - 2 LOT SUBDIVISION - Dunning Road/Schutt Road (50-2-58) #012-002

J. O'Rourke: I am from Lanc & Tully Engineers. We are before you this evening.

P. Owen: Just for the record, I'm representing someone who is involved in litigation.

G. Lake: Mr. Barone, I want to make sure to are aware of this.

P. Owen: I'm representing someone who is involved in litigation. I don't know if he has any problems with me sitting on this project. I don't think it will affect my judgment but if the applicant feels I should step down, I will. I just want to make sure.

G. Lake: Mr. Barone, I need your decision on this whether he should sit through this or excuse himself.

G. Barone: What's the nature of the litigation?

P. Owen: Do you mind me talking about it?

Unidentified Individual: No.

P. Owen: It's just a personal injury.

G. Barone: And there is insurance coverage?

P. Owen: Yes. It has nothing to do with real estate development.

G. Barone: I don't see where it will be an issue as long as the applicant is comfortable with it.

J. O'Rourke: What we are proposing is a two lot commercial subdivision on Wallkill Town Shopping Center where Price Chopper and Circuit City are. Back in 1996 the Town Board and then this Board had granted clustering to allow the subdivision of this piece with what is called Azero@ lot lines. Basically they waived the bulk side yard requirements, front yard requirements. Back in 1996 we did a two lot subdivision down right on the centerline of the building between Price Chopper and Circuit City and then brought it out and had those two lots. In order for that to occur there was cross easements between lots #1, #2, and #3 to share all parking, water, sewer, drainage utilities which is basically the basis of the shopping center. We are here this evening to request something very similar except now it would be breaking up the main lots into two additional lots. Lot #3, 4.8 acres would entail the retail
stores and the remaining ten acres would be basically vacant land. All the cross easements from the original Price Chopper and Circuit City apply to this. Basically what we're doing, we're drawing an invisible line for financial purposes.

G. Lake: This will be like the third time that we've done this. This will be the third piece.

D. McGoey: It would be the fourth lot.

J. O'Rourke: It would be the second time, fourth lot.

G. Lake: Dick, maybe you should take a minute and explain this for the new members.

D. McGoey: The applicant's go to the Town Board and they receive clustering approval. That allows them to have zero lot lines where they can subdivide the property with building boundaries. They do that for financing purposes. It's been done at the Orange Plaza, at the Galleria. Filene's is on a separate lot.

G. Lake: This is nothing new that we've done. As we go on, especially on projects such as this. I believe K-Mart is on a separate lot.

A. Dulgarian: I have nothing.

P. Owen: I don't have anything.

R. Carr: Nothing.

G. Monaco: Nothing.

G. Lake: Dick's comments, do you have a problem with any of those?

J. O'Rourke: No.

G. Lake: I think the big question here is if this is a major subdivision, because this will be our fourth time in less than ten years, I believe. I know we've always gone through a Public Hearing on four lots.

A. Dulgarian: It's almost a shame to do it because I don't see any problems but I think we need to follow our normal routine as the way we have been doing things and hold the Public Hearing.

P. Owen: I'm going to agree.

R. Carr: I agree with the Public Hearing.

G. Monaco: I agree.

MOTION made to schedule a PUBLIC HEARING for May 15, 2002 made by A. Dulgarian and seconded by P. Owen.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

5. CURRIER & LAZIER - SITE PLAN/SPECIAL USE PERMIT - East Main Street/Fair Avenue (74-9-1) #059-001

A. Fusco: With me this evening is Pete Lazier Jr. representing Currier & Lazier here this evening. We've come forth on East Main Street. We've been here before in front of you. We would like to create a real estate office. There's some existing housing that has been there. We have gotten recent comments from the Town Engineer and we would comply with all of them. There were a couple of very minor issues in relationship to two details one being a curb, the other being gravel for the depth of the excavation and we would be more than happy to make those changes. The other item of any significance is that we need to get permits from the Town Highway Department and the County Highway Department for the road cuts. We would be more than willing to do that prior to the issuance of a building permit. We respectfully request your indulgence.

A. Dulgarian: Nothing at this time.

P. Owen: Nothing right now.

R. Carr: Nothing right now.

G. Monaco: Nothing.

G. Lake: It seems like you have done a lot of clearing and stuff down there.

A. Fusco: Yes.

G. Lake: Is it still the same amount of uses in the front in the house and in the back and everything?

A. Fusco: Yes. The use will remain the same except for the real estate office which is going to be in front building. There's currently two residential units in the front and two in the back. They will remain and then the real estate office. At a subsequent date, they may eliminate some of the housing and further expand the retail or the real estate offices.

G. Lake: And the real estate office is going in the back building?

A. Fusco: It will be in the front building.

D. McGoey: I thought it was going to be in both buildings.

A. Fusco: They are going to have the main real estate Currier & Lazier in the front and then the land development in the back so there's going to be residential and the real estate office in both the front and the back and there will be a decrease in the residential use. Eventually if the business expands they may eliminate all the residential uses and use it strictly for them.

A. Dulgarian: I need it's going to be a large improvement to that area. They run a very nice business. I think it will be an asset to that area. The only question I had is, Dick, on the landscaping is that a little variety there or is it all the same.

D. McGoey: They have all hard woods.

A. Dulgarian: And they look pretty bad in the winter.

R. Carr: They should have some around the house and along Carpenter Avenue. There are two hard woods on the side of the house and a number of pines there that I think should stay.

A. Fusco: There's a couple on the side. One of the things and we did have a meeting with the Town Engineer. He had indicated that some mixed hard woods would be what you would want. We would be more than happy to mix hard woods with evergreens. We have no problem with that. If at all possible we would like to request that if we could receive an approval subject to the Town Engineer's approval of the two details and our landscaping plan. Basically tell us what we need and we would be more than happy to mix some pines in with the deciduous trees and have a variety and we will also place the existing trees on the plan for the Town Engineer to review.

G. Lake: We have been asking for a little more mix.

A. Fusco: That's fine.

A. Dulgarian: I know there are some time constraints with the applicant and I know he needs to get in there. I don't want to hold him up for that but I do think that's something we can do after they in.

G. Lake: I think we can do it subject to. We will check it over before I sign the plans. Dick will look at it at a work session.

A. Dulgarian: I know they are going to run a nice operation. It's just like you say this is what we've been looking for by everyone who comes before us.

D. McGoey: There were a couple of other things that I noticed. There are some structures on this property that you don't show. They are rather large structures. I assume that it's an office but I think you should put a note on here.

A. Fusco: I will be happy to note that.

D. McGoey: The other question is you only have a sidewalk across part of the frontage. The question is should we extend that sidewalk down to Fair Avenue.

P. Owen: I was also thinking of that.

A. Fusco: It's an existing situation but if you require it we would be more than happy to comply.

D. McGoey: It's been required on other sites.

G. Monaco: Nothing at this time.

R. Carr: No.

P. Owen: Nothing.

A. Dulgarian: No.

MOTION for a NEGATIVE DECLARATION subject to D. McGoey's comments and all the additions such as the sidewalk and the trees made by A. Dulgarian and seconded by R. Carr.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

MOTION for SITE PLAN/SPECIAL USE PERMIT subject to D. McGoey's comments and all the additions such as the sidewalk and the trees made by A. Dulgarian and seconded by P. Owen.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

6. ALTO MUSIC - SITE PLAN - Carpenter Avenue (50-2-37.2) #021-002

A. Fusco: I am representing Alto Music. Alto Music is proposing to take the Burt's Sportplex which was an amusement and entertainment area and turn it into a retail operation. They are musical equipment sales. They currently have a store on Route 211. The entire facility would be for their use of the single retail business. What we did, we are coming here obviously because of the change of use. It is a permitted use with Planning Board approval. I believe it may be a Special Use Permit. At this time we re-configured it. It actually needed less parking and less other amenities necessary for the amusement. We did create a new Site Plan. The owners are anxious to move forward. We did receive comments from the Town Engineer via fax which indicated that we had amended the plan to his satisfaction. We are here before and respectfully request that we have an approval if possible.

G. Lake: It's good to see that he needs this kind of room. Is it just strictly going to be for retail? Are you going to have studios in there?

J. Haber: No. Probably some lesson rooms.

G. Lake: No recording or anything like that?

J. Haber: No. It is strictly warehousing and what I do now.

A. Dulgarian: We approved this for Kandel, didn't we?

G. Lake: We did.

A. Dulgarian: They never moved in. Is Kandel still the owner of this property?

J. Haber: No, we are.

A. Dulgarian: I think it's a great use. It's a huge building. Do you wholesale?

J. Haber: I wholesale a lot on mail order. I ship a lot of stuff.

A. Dulgarian: It is a good use and I have no problem.

P. Owen: I don't have any problem at all.

R. Carr: Looks good to me.

G. Monaco: A great application.

G. Lake: I think so. I wish you a lot of luck. There are only two comments. You have no problems with those comments?

A. Fusco: No, not at all.

G. Lake: Dick, anything else?

D. McGoey: No.

MOTION for a NEGATIVE DECLARATION made by P. Owen and seconded by A. Dulgarian.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

MOTION for SITE PLAN made by P. Owen and seconded by A. Dulgarian.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, G. Monaco, P. Owen

MOTION CARRIED. 5 AYES

7. HEALY AUTO SALES - SITE PLAN/SPECIAL USE PERMIT - Fitzgerald/Certified Drives (50-1-25.2, 26, 27)

A. Fusco: I am representing the applicant for the proposed auto sales for Healy Ford. We did receive the engineer's comments via fax and there were a lot of drainage issues which we're happy to sit down with both the Town Engineer and the Commissioner of Public Works to resolve it. I think a lot of it is included but might not have been quite as clear on the plan. We do intend to install the drainage swales and new drainage pipe as indicated on the plan. We will clarify that so that it is very clear and we will have the details. Like I stated we will meet with the Commissioner of Public Works because he does have some concerns regarding the drainage. There was prior to my client's application the property owner did some excavation work and created some problems as a result of that. These will correct that but we will show that to the satisfaction of the Commissioner of Public Works and also talk to him about whether he wants curbing or he doesn't.

G. Lake: The Town was out there about two or three days after this was done. It's been dry and they have water problems. We did talk to Mr. Patenaude. You have a lot of items here. Dick, did you have a work session?

D. McGoey: We had a work session and sat down with Dan. We do need another work session.

G. Lake: My recommendation right now to the Board that we table this tonight and have him get back together with Dick and Dan Patenaude and straighten it out and maybe by that time all these other things can go away.

A. Dulgarian: I know there is nothing on the books right now but almost this entire lot is paved lot line to lot line. Because of the use on this property, I would love for us to see a little bit more landscaping than is normally required because there are no buildings.

G. Lake: It's basically the same comment the last applicant received.

A. Fusco: One of the things, if I may, we showed low shrubbery. The reason for that is basically security. We will have new cars in here, about one hundred and fifty. We didn't want large trees blocking the entire view for security purposes. We would be more than happy to vary it.

G. Lake: I think though on the back side of the lot, you may be able to put tall trees back there just to vary it in the back.

A. Fusco: We will be more than happy to put a mixture in there.

TABLED.