MEMBERS PRESENT: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, G. Monaco, P. Owen

MEMBERS ABSENT: None

OTHERS PRESENT: G. Barone, D. McGoey

1. PUBLIC HEARING 7:30 P.M. - CERULLO - 9 LOT SUBDIVISION - Route 17K/Stone Schoolhouse Road (1-1-42) #032-001

G. Lake: Public Hearing started at 7:32 P.M. C. Kelly read the Public Hearing notice.

C. Kelly: 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 April, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Henry Cerullo, 141 Kinderkamack Road, Park Ridge, New Jersey 07656 for approval of Subdivision of 49.98 +/- acres into nine residential building lots, located on the corner of Stone Schoolhouse Road and New York State Route 17K under 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: Do you want to give us a description of what you wish to do?

M. Siemers: Basically we want to do a nine lot single family residential subdivision on approximately fifty acres on Stone Schoolhouse Road and New York State Route 17K. The homes on the lots are going to be served by individual wells and septics.

G. Lake: You have been to a couple of work sessions.

M. Siemers: Yes.

G. Lake: I will go through the Board at this time.

A. Dulgarian: I will wait until after the public.

P. Owen: I don't have anything right now.

R. Carr: Nothing right now.

G. Luenzmann: Nothing at this time.

T. Hamilton: Dick, was anything mentioned about the note, no further subdivision on these lots due to the size they are?

D. McGoey: We never discussed it, Tom.

T. Hamilton: The lots are way over sized.

D. McGoey: The lot to depth ratio. You can recommend it.

G. Lake: Was there a wetland issue here?

M. Siemers: Yes. It's more of a soils issue. The soils aren't the best soils for putting septics out here. We do have wetlands, three pockets I believe, maybe four.

G. Lake: We will re-visit that when we come back. I will go to the public now.

MOTION to close this PUBLIC HEARING at 7:38 P.M. made by G. Luenzmann and seconded by A. Dulgarian.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, P. Owen

MOTION CARRIED. 6 AYES

G. Lake: You have Dick's comments?

M. Siemers: Yes.

G. Lake: Do you want to go through them? That may answer the few questions that remain.

M. Siemers: Basically the first four have to deal with guard rails and shoulders. We have no problem with the guard rails. #5, the driveway on the State Road that was brought up at the

last meeting. I was actually out there today. We got a letter back from the Department of Transportation and they weren't as big of help as we were hoping to be. They pretty much said they don't agree with the driveway being there. We are going to try and move it down pretty mich on the lot line closer to the intersection. We measured the site distance. We have very long site distance to the right and six hundred nine feet to the left. We are going to re-submit to the Department of Transportation.

G. Lake: You do have to get State approval to cut that.

M. Siemers: Right.

G. Lake: The big question here then so far is item #5 with the Department of Transportation.

A. Dulgarian: A very nice subdivision. Nice sized lots, nice sized setbacks. The only question I have is and it probably should have been brought up earlier is lot #1 and #2 driveways share road opening, lot #3 and #4 also, why didn't you do that with lot #7 and #8 and lot #5 and lot #6?

M. Siemers: If you look at the topography of lot #7 we kind of had to snake the driveway in order to get the grade to be twelve percent.

A. Dulgarian: Okay. I think it is a very nice subdivision.

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

R. Carr: I have nothing.

G. Luenzmann: No. I also think it is a very nice subdivision.

T. Hamilton: I was just wondering about future subdivisions.

G. Lake: Are you willing to place that note on the plan?

M. Siemers: Yes.

G. Lake: You will put a note on about no further subdivision.

M. Siemers: I don't have a problem putting that on.

MOTION for a NEGATIVE DECLARATION subject to all comments being satisfied and the note being put on about no further subdivision made by A. Dulgarian and seconded by G. Luenzmann.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, P. Owen

MOTION CARRIED. 6 AYES

MOTION for PRELIMINARY APPROVAL subject to all comments made by T. Hamilton and seconded by A. Dulgarian.

VOTING AYE: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Luenzmann, P. Owen

MOTION CARRIED. 6 AYES

2. PUBLIC HEARING 7:35 P.M. - HERITAGE HILLS - 36 LOT SUBDIVISION - Lybolt Road (12-1-45) #030-001

G. Lake: Public Hearing started at 7:41 P.M. C. Kelly read the Public Hearing notice from one of letters returned.

C. Kelly: 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 April, 2002 at 7:30 P.M. or as soon as the application can be heard that day on the application of ADC Orange, Inc., 1001 Forest Glen, New Windsor, New York 12553 for approval of 33 lot residential subdivision on Lybolt Road near the intersection of Gordon Road in the Town of Wallkill under 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: Do you have the legal ad that was in the paper?

L. Potter: They don't have it.

G. Lake: Mr. Barone?

G. Barone: Did anybody sign up to make comments?

G. Lake: Yes.

G. Barone: Did anybody here see the notice in the paper?

Unidentified Person: Yes.

G. Barone: Can you file your notice in the office tomorrow?

L. Potter: Yes.

G. Lake: Are we okay to proceed?

G. Barone: Yes.

L. Potter: I'm with Lanc & Tully Engineering and we're representing ADC Orange, Inc. This is one hundred thirty four acre parcel in the RA district located on Lybolt Road. We are proposing a thirty three lot residential subdivision to be served by two new roads, one being twenty three hundred feet long ending in a cul-de-sac and the other being fourteen hundred and sixty feet long ending in a AT@. The lots will be served by public water and sewer. There are Federal Wetlands and State Wetlands on the parcel which have been shown. No disturbance will be made in either of the wetlands.

G. Lake: You've had several work sessions with Mr. McGoey, correct?

L. Potter: Yes.

A. Dulgarian: I will wait for the public.

P. Owen: I will do the same.

R. Carr: Just for clarification, it's not served by public water and sewer.

L. Potter: I'm sorry it's individual water and sewer.

G. Luenzmann: Not now.

T. Hamilton: Dick, on the development of the lots, has it cleared with Mr Patenaude?

D. McGoey: Yes.

G. Lake: Is he going to make that decision though or has he made that decision already or has he reserved that a little bit?

D. McGoey: I think he is convinced that those lots are okay. Before Final Approval we will settle it.

G. Monaco: Nothing.

G. Lake: At this time, I will open the meeting to the public.

B. Loney: I just have a problem where you're going to put the road because when the cars are coming down from the hill the lights are going to shine right into my window where the proposed road will be.

L. Emanuel: I came out of curiosity about the archaeological work that's been done there. I know that there's been considerable archaeological surveying done on this site. There was not only a lot of trenching done but there was also some spot trenching done and I was just curious what you found, what you hoped to find and whether that is going to impact anything that is going on.

P. Thompson: Where is this road going to go?

L. Potter: She's looking at the AT@ at the end.

G. Lake: Which goes into the Hufcut property?

L. Potter: No. It actually goes into her property.

P. Thompson: Now, you dug up those fields for artefacts and stuff.

L. Potter: Yes. That was required.

J. Michelotti: I own the property adjoining this subdivision. I have twenty seven acres abutting this development. I'm here because I'm concerned about the change in the drainage. I heard them mention that there is going to be public sewers and not septic tanks.

G. Lake: No.

L. Potter: That was my mistake.

J. Michelotti: That was another of my main concerns. If you look at the topography, this whole area is very high in conjunction to my property. It all drains and for eons of years it's been taken care of by the small stream that we have. Sometimes it's dry and sometimes it's very wet. I don't know how it's going to react with this change with concrete and driveways and other changes. I'm also concerned that my twenty seven acres which accounts for one third of my farm, I have no access to it. I've been paying taxes to Wallkill for ten years and the front of it is Crawford. I have no access from the Crawford side so if it's being developed, I would like to see some access to it while they are making the plan to get to it.

G. Lake: I'm just trying to follow you.

J. Michelotti: I'm not here to sabotage this development. You can't stop progress and I'm not saying that but I would like to have some knowledge that my property is not going to be landlocked and the drainage is not going to be affected and my water supply should I decide to put a home up there. Right now I have a horse farm which I am very happy with.

G. Lake: Now, you have no access to that twenty seven acres right now?

J. Michelotti: Not by a road, no.

G. Lake: How do you get to it?

J. Michelotti: By my farm.

G. Lake: Okay, that twenty seven acres is land that goes to a road someplace? Mr. McGoey and Mr. Barone. His concern at this point is that he feels his land in Wallkill which he feels is landlocked but it's not. The frontage is in Crawford. You would have to negotiate with respect to the law with the owners of this property to have them leave you a strip of land. I don't think it will happen because you're not really landlocked. You have a parcel of land in two municipalities. That's basically what we're looking it.

G. Barone. In order for you to undo the landlock you would have to subdivide it and then convey off the front portion. What they are going is not creating a landlocked parcel.

P. Owen: They never had a road there before.

J. Michelotti: No.

G. Lake: I know how you are looking at it but you do have a lot of road frontage for this parcel on your property.

J. Michelotti: The drainage fields.

G. Lake: She's going to answer all those questions to us. Do you have anything new?

J. Michelotti: No.

I. Colon: I live at 44 Lybolt Road. I'm actually diagonal from the proposed road. My concern is how wide the road is going to be. I have a common culvert that is shared with the property across the street. Looking at the plot plan, I noticed that there is going to be some drainage coming down into my property. That's my concern. Do you know how wide the road is going to be?

D. McGoey: Thirty feet.

I. Colon: Is that ample for emergency vehicles to come in and out?

G. Lake: Yes. That has been a long battle.

I. Colon: There will be drainage coming into my property I'm assuming, right?

G. Lake: Exactly where are you? Show our Engineer exactly where you are.

I. Colon: My concern is there's a high point coming over the over cress. All these vehicles, I'm assuming that because the road is so wide, are they going to be able to execute the right turn and the left turn without having the cress affected? Do you know?

A. Dulgarian: They claim to have five hundred feet of site distance in either direction.

G. Lake: In other words, that have traffic people go out and actually do these studies.

I. Colon: My other concern is during the winter time for some reason there's always a lot of vehicle accidents that run off into my property or into the Petersen's property. Do you intend to put any guard rails in?

G. Lake: I can't answer that. It is for the Department of Public Works.

I. Colon: This is all well water, right? Is there a minimum acreage that they are allowed to?

G. Lake: Yes and they meet or surpass it.

M. Colon: My concern is if there are thirty three houses an average household has two cars. That's sixty six more cars. Are they going to be widening the road in the future? They zoom on this road. Where our house is, there's going to be a lot of traffic in and out. My question is, are the future because they are bringing in this development is the Town actually preparing to widen the road or making a plan for the future? I've heard that they bought a piece of property also to make a park. In the future, this park is also going to bring in, unfortunately, teenagers where they are going to hang out. Are they going to be patrolling this area?

G. Lake: First of all, the park, that's the first time I've heard of that.

M. Colon: Because you buy so much land they have to provide.

G. Lake: They pay recreation fees in lieu of.

M. Colon: As far as the road goes, the Town will keep track of the counts. You can't expect anybody to re-build the road from one end to the other for sixty six cars.

M. Colon: I don't know if this is going to affect anything or not but when we looked at our piece of property if you ever noticed on Gordon Road and Brimstone Road there are exclusive houses. They are custom made and even though these are going to be custom built, they're not custom made. They're not unique in their own way because there are Victorian's on the road. The only thing different is the siding. Is this builder going to offer these people more choices than Victorian? I mean they are gorgeous houses and don't get me wrong.

Continued