APRIL 7, 2004

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

MEMBERS ABSENT: G. Luenzmann

OTHERS PRESENT: D. McGoey, J. McKay, D. Brodsky

40010. PUBLIC HEARING 7:30 P.M. - SCOTCHTOWN MEWS - SITE PLAN/SPECIAL USE PERMIT - Silver Lake Scotchtown Road (20-1-40) #053-003

G. Lake: Public Hearing started at 7:35 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 7th day of April, 2004 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Hampshire Development Company, P.O. Box 431, Central Valley, New York 10917 for approval of The Scotchtown Mews Subdivision, located across from the intersection of Bert Crawford Road and Silver Lake Scotchtown Road under Section 249-38C 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: Do you want to bring the Planning Board up to speed since the last time you were here, please?

W. Walker: Sure. At the last meeting, we had a work session with Mr. McGoey and addressed all the issues current to him. We had an update of the stormwater report by Mr. McDougall and that was submitted. Also we added a buffer.

A. Dulgarian: When was that submitted?

W. Walker: Mr. McGoey received that by fax. I don’t have the exact date.

A. Dulgarian: The stormwater report?

W. Walker: You had asked for an update of the summary page on the stormwater report.

D. McGoey: Okay. I got the report.

A. Dulgarian: Item #5?

G. Lake: Dick, have you seen that?

D. McGoey: No.

W. Walker: Also, there were some questions on the buffer. We added some more white pines to supplement the buffer area between our site and the neighbor of houses. I met with the Town Highway Superintendent on-site meeting with someone from his office and added some culvert piping underneath the driveways at his request. I also met with the Fire Chief Hammond from the Fire Department and everything was fine with him. We went over everything and he had no problems.

G. Lake: Let me go through the Board before I go to the Public.

A. Dulgarian: After the Public.

P. Owen: After the Public.

R. Carr: I will wait.

G. Monaco: After the Public.

T. Hamilton: I will wait.

G. Lake: Is there anyone from the Public who wishes to comment on this application?

N. Guenste: I was just curious. They show a proposed playground and a proposed basketball court. These are three bedroom units. That means they’re going to have kids. There is no place for kids unless there is a place on the property where they will be able to play. If they want to try to walk to one of the parks they will have to walk through the tunnel. Silver Lake Scotchtown Road is horrendous. I really would like to see a play area.

T. Hamilton: It says so.

N. Guenste: It says proposed. I mean, is that . . .

T. Hamilton: We haven’t approved anything.

G. Lake: That will be part, yes.

N. Guenste: Okay, that’s all I was asking. I didn’t know because it said proposed.

G. Lake: Anyone else?

MOTION to close the PUBLIC HEARING at 7:42 P.M. made by G. Monaco and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

G. Lake: Dick’s comments, do you have them?

W. Walker: Yes.

G. Lake: Dick, is there anything that sticks out on them?

D. McGoey: One of the things that they’ve been having problems with is getting enough space in the parking spaces in front of the garages. What I’m trying to have them avoid is having a bumper of a car sitting out on the sidewalk on both sides of the loop road.

W. Walker: Maybe I was mistaken. I thought your request was to have eighteen feet between the sidewalk and the car.

D. McGoey: I scaled it at seventeen feet. And then the question would be is that enough? Are you putting the bumper right up against the garage door to avoid the sidewalk?

A. Dulgarian: That would be tough to walk around it.

W. Walker: I went off of your request. We were shorter than that. You had requested the eighteen feet.

D. McGoey: Yes, but . . .

W. Walker: I’m not aware of the dimensions of a car.

D. McGoey: Do the engineering on it. We asked that the existing trees along the common boundary with tax lots 5-1-10 and 5-1-11 should be shown and preserved. The resolution to incorporate the requirements for area wide traffic improvements as we asked for the other projects. The developers agreement should be worked on.

G. Lake: I think we talked about that at the work session, didn’t we?

D. McGoey: Right.

G. Lake: Did you remember that?

W. Walker: Yes. We’re agreeable to that. We saw the calculations that the Town had done regarding the percentage and we’re agreeable to that percentage.

G. Lake: Okay.

D. McGoey: Did you bring some photographs of that natural buffer area?

W. Walker: Yes, I did.

D. McGoey: So, there is a strip that goes down . . .

W. Walker: Yes.

D. McGoey: The stormwater management report should verify that the twenty inch culvert under Bert Crawford Road is sufficient to handle the increase in stormwater discharge.

W. Walter: Okay. Our Engineer did do that calculation however it is labeled incorrectly on the plans. I did a field measurement out there yesterday. It exists now. It is thirty inches high by forty six inches wide.

D. McGoey: Details of the play area including equipment, fencing, sidewalks, ground cover, all of that to be provided. The water system details must be provided and Army Corps approval must be received prior to final approval.

G. Lake: Let me go through the Board.

A. Dulgarian: The walkways to the recreation stuff, is that paved?

W. Walker: That’s concrete.

A. Dulgarian: Dick, why is this? I know we have had conversations several times, the structure itself is probably a fifty foot setback. The structure itself cannot be in but patios can. I don’t know would decks fall under here also?

D. McGoey: A deck is a structure.

A. Dulgarian: But doesn’t that kind of allow a person to put something up out there such as a table, etc.?

D. McGoey: If you look at the definition of structures, it says patios are not considered a structure.

G. Lake: Mr. Dulgarian, what do you mean by putting something up?

A. Dulgarian: Something for shade, to make it into a sun deck, deck or whatever.

P. Owen: These that they have here are only six by six.

G. Lake: The permanent stuff, they have to go to the Building Department. That’s why I’m wondering.

A. Dulgarian: So, it wouldn’t be allowed to be built in the setback.

G. Lake: Right.

A. Dulgarian: The only other concerns I have, I echo Mr. McGoey’s concern about the parking. I know we’ve been trying to get everybody to have enough on-site parking where they’re not out in the road. I don’t believe there is enough room.

G. Lake: Anything else, Mr. Dulgarian?

A. Dulgarian: Not right now.

P. Owen: Nothing.

R. Carr: A couple of concerns that have to be addressed. The stormwater runoff. The traffic, did we identify what his portion is?

G. Lake: Yes. He has agreed for that share that’s going to be assigned.

R. Carr: Do we have any idea?

G. Lake: I don’t have that list in front of us. I don’t know whether Mr. McGoey remembers.

D. McGoey: They’re going to contribute a traffic signal at Bert Crawford Road and Maltese.

G. Lake: What happened there, we’re getting these improvements and some of these smaller guys will be picking up part of that tab.

R. Carr: I echo on the parking. I believe this just meets the minimum and it is very tight. You have fifty four spots and you need fifty four spots. These are three bedroom units and they will usually have three cars. You’re going to have to move cars. The parking is really tight. This is right in an area of the Town that has so many things going on. This is right in your face. I think that fifty foot buffer area should be so heavily landscaped. I think from one end of the project to the other, has to be landscaped.

W. Walter: That’s the intent. That was the intent from one of our sessions with Mr. McGoey was to make sure it was unobtrusive, to add the white pines in.

R. Carr: What’s the distance between the two driveways?

W. Walker: I don’t have the exact dimension. I would say about forty feet.

R. Carr: In this space here, driveway to driveway?

W. Walker: Yes.

R. Carr: The landscaping plan that I have shows four white pines.

W. Walker: That has been supplemented.

R. Carr: Okay.

W. Walker: It should be on your latest plan that had been submitted. It shows five white pines and two Bradford pears.

R. Carr: The oldest tree growth there appears to be towards the road. Whatever trees can be left there, that is the idea.

W. Walker: Yes, I agree.

R. Carr: I think they should be designated on the map.

G. Lake: The only thing I was going to add would be just a little rendering of something of what this area would look like. They are coming back any way. A rendering of what the people will see.

W. Walker: In our plans for sketch?

G. Lake: Yes. This way, it will help us.

R. Carr: One of the frustrations is we push for landscaping all the time and then when we see the little trees they don’t look like anything. I really think this needs a lot of landscaping.

G. Lake: Anything else, Mr. Carr?

R. Carr: No.

G. Monaco: There are fifty four parking spaces that are required and you have fifty four. Three bedroom units obviously would need more than that.

T. Hamilton: I would like to echo on the parking also. My other question is we’re looking at a site on this large site. Why can’t we have this moved back away from the road more?What’s the reason for not moving it further back into the lot?

W. Walker: The wetlands.

T. Hamilton: You can’t move any of these buildings to shift this whole thing back away from the road?

W. Walker: No sir. Maybe a foot but nothing substantial.

T. Hamilton: Is this the same size you started with?

W. Walker: No. As per your request and Mr. McGoey’s request, it was downsized. We adjusted the layout.

T. Hamilton: The other question is what are these units going to look like? This is a Public Hearing. I don’t see any rendering of what it is going to look like, what the driveways are going to look like. It looks like it’s one big wide spot with both driveways together. I can’t tell what’s there. Do you have a rendering?

W. Walker: It was submitted.

T. Hamilton: An actual layout showing dimensions on the units and what that driveway is going to look like. Is it one common driveway, one for each unit. I don’t know.

W. Walker: That’s the layout.

T. Hamilton: That is one common, one wide driveway for two units.

W. Walker: Yes, that was at the Town’s request.

T. Hamilton: We’re talking you don’t have the room for the cars but what’s going to stop one from parking into the other person’s half and they’re going to be out in the road. This just doesn’t give us enough detail to see what he’s doing.

G. Lake: Anything else, Mr. Hamilton?

T. Hamilton: The main thing is the parking. If they’re not going to be able to fit between the garage and the driveway, then they have to go out into one or the other or have them out in the road and then there is no room for anybody else.

G. Lake: Then maybe, between now and the next time he comes back, maybe on a couple of the driveways, show cars show everybody knows if they will fit and have it shown to scale.

W. Walker: Yes.

A. Dulgarian: To comment further on the parking, when you use the garage as a parking space you’re leaving it up to the homeowners to determine what he’s going to do with that. No longer is a parking space if the homeowner decides to have a wood shop or anything like that. Although it does meet code, it is in our best interest to make sure there is adequate parking on-site, if that should happen. And in the other issue, as Mr. Owen said, when you have a car in the garage and a car behind it, nobody. They make it easier on themselves and leave one out in the street so we have to allow for deficiencies in the code with all these projects to avoid on-street parking. I think you’ve got some work to do on that.

G. Lake: Is this going to be a Homeowner’s Association?

W. Walker: Yes.

G. Lake: Will it be registered?

W. Walker: Yes.

G. Lake: Do they get to look at that agreement before we sign off, or is it just filed with the Attorney General’s Office?

D. Brosky: They would have to file with the Attorney General’s Office, in which case it would be a full plan submission. Generally the Attorney General’s Office is only concerned with full disclosure. They’re looking out for the prospective buyers.

T. Hamilton: Then we wouldn’t actually see what’s in that agreement saying that there will be no on-street parking?

D. Brosky: It is not really they’re concern. This Board decides what the specifications are for the site.

G. Lake: Okay. You’ve heard the Board. You’ve had your Public Hearing. Dick, your last comment on the resolution but there are a couple of things to be resolved so, will you need another work session?

D. McGoey: Yes.

G. Lake: The Public Hearing is closed. Do you waive the sixty two day time frame just in case we can’t get you back in before the sixty two days?

W. Walker: Being that the issues are a concern, I agree but that they haven’t changed the landscaping of the project I was hoping to get a Preliminary and a condition to it. Obviously, I need the wetlands. That should be happening within two to four weeks. I can do any satisfaction of the parking with Mr. McGoey in that time frame.

T. Hamilton: If the wetlands aren’t delineated yet, how do we know that he’s not going to be looking to be fifteen feet off the road.

G. Lake: Good question.

A. Dulgarian: Also, he’s got too much work to do.

G. Lake: Okay. We’re going to table this for further action. You have agreed to waive the sixty two day time frame?

W. Walker: Yes.

G. Lake: You have the comments of Mr. McGoey, the Fire Department, and the Department of Public Works. Did you get that also?

W. Walker: The Highway Department and the Fire Department are completely satisfied with the project as it stands today.

G. Lake: Okay.

A. Dulgarian: The Highway Department has notes here.

W. Walker: I met him in the field. He requested a culvert which is on the plans now. He wanted to make sure the grade was correct.

A. Dulgarian: Did he receive the revised drawings?

W. Walker: Yes. I met him at his office with the drawings.

G. Lake: I think your best bet would be to get a letter from him.

W. Walker: I had asked him that and he denied my request and said it would come directly to you.

G. Lake: Thank you.

Tabled for further action.
Applicant waives the sixty two day time frame.

continued