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40011.
PUBLIC HEARING 7:35 P.M. - BARTOLI - 3 LOT SUBDIVISION
- Lybolt Road (12-1-21.223) #079-003
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 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 Cosmo W. and Joan Bartoli, 211Lybolt Road, Middletown,
New York, 10941 for approval of a three lot subdivision on
the Southwest side of Lybolt Road, approximately 1,500 feet
south of the intersection with Hufcut Road under Section 4G,
Article 3 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: Let the records show that Mr. Carr has stepped down
from acting on this application.
G. Lake: Give us a brief description.
S.
Plass: We are proposing a three lot subdivision on the
westerly side of Lybolt Road. There
is, we’re
proposing two building lots and the remaining a vacant parcel
at this
time. One of the two lots is currently under construction and
just about completed. The other one is just a proposed building
site.
G. Lake: Let me go through the Board at this time.
A. Dulgarian: I will wait.
P. Owen: I will wait.
G. Monaco: I will wait.
T. Hamilton: After the Public.
G. Lake: Is there anyone from the Public who wishes to comment
on this application?
MOTION to close this PUBLIC HEARING at 8:04 made by G. Monaco
and seconded by A. Dulgarian.
A. Dulgarian: Aye
P. Owen: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Lake: Oppose
MOTION CARRIED. 4 AYES. 1 Oppose
G.
Lake: Do you have Mr. McGoey’s
comments?
S. Plass: Yes, I do.
G. Lake: Do you want to go through them?
S.
Plass: The lot size based on the soils groups, we’ve
done that. We have not done a deep test hole on the vacant
parcel at this time but we can certainly do that. I’m
not quite sure of comment #3. Are you asking from 2002?
D. McGoey: Yes, 2002.
S.
Plass: We have located the house, well, and septic on the
tax parcels. Stamped plans. Actually
Eustance & Horowitz
are reviewing them at this time for a septic system for the
second proposed building lot. The field survey is done but
it has not been tied to the Town datum yet.
G. Lake: I will go through the Board.
A. Dulgarian: By separating lot #1 and lot #2, perhaps you
were creating a non-conforming lot that the soils do not meet
the calculations, correct?
D. McGoey: Which question?
A. Dulgarian: Actually it would apply to item #1 and #2. Are
we creating a non-conforming lot if this does not meet the
soils formula?
D.
McGoey: She has the soils formula on the plan. She just
doesn’t have the minimum lot size based on soils, that’s
what I’m looking for.
G. Lake: The minimum lot.
A. Dulgarian: The minimum lot size based on the soils?
D. McGoey: Yes.
A. Dulgarian: And, there are no other restrictions that apply?
D. McGoey: No.
S. Plass: Lot #1 is pretty large.
D.
McGoey: She has quite a bit of suitable soils. It shouldn’t
be a problem.
P. Owen: Nothing.
G. Monaco: Nothing.
T. Hamilton: Nothing.
G.
Lake: The only other thing, the Highway Superintendent’s
comment about the road, do you have that?
S.
Plass: I didn’t see that.
G. Lake: There is a ditch or something in the front, I guess?
D. McGoey: He has a five foot ditch comment.
G. Lake: I know he wants everything cleared out of the Town
right-of-way, though.
D.
McGoey: That’s already been put on there. I’m
not sure if there is a grade problem into lot #2.
S. Plass: Well, it was under construction probably at the
time.
D. McGoey: The driveway is under construction?
S. Plass: That house is being built currently.
G. Lake: Is there a Building Permit on it?
S. Plass: Yes.
G. Lake: It must have gotten approved?
S. Plass: Yes.
D.
McGoey: He is saying that the driveway hasn’t
been constructed properly.
G.
Lake: You don’t have any problems
with that then?
S. Plass: No.
G. Lake: Are there any other questions from the Board?
MOTION
for a NEGATIVE DECLARATION subject to all D. McGoey’s
comments and Highway Department comments made by P. Owen and
seconded by G. Monaco.
A. Dulgarian: Aye
P. Owen: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Lake: Aye
MOTION CARRIED. 5 AYES
MOTION for PRELIMINARY APPROVAL subject to all comments made
by T. Hamilton and seconded by G. Monaco.
A. Dulgarian: Aye
P. Owen: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Lake: Aye
MOTION CARRIED. 5 AYES
40012. PUBLIC HEARING 7:40 P.M. - INDIAN RESTAURANT - SITE
PLAN/SPECIAL USE PERMIT - Route 211 East (50-2-31) #041-003
G. Lake: Public Hearing started at 7:30 P.M. M. Hunt read
the Public Hearing notice.
M. Hunt: N0TICE 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 Pun Kin Kwok and Yuk Chan Cheng, 254 Route 211
East, Middletown, New York l0940 for approval of an Indian
Restaurant at 254 Route 211 East approximately l50 feet from
the intersection of Stratton Avenue under Article 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: Bring the Board up to date on this since the last
meeting.
S.
Plass: This is an existing commercial building on the south
side of Route 211 East. There are
two existing
restaurants
currently in the building, a Mexican and a Chinese Restaurant
and we’re proposing an Indian Restaurant which is going
in the third vacant space at this time. It’s been vacant
for a number of years, probably at least five years and that
was the need for a Public Hearing at this time. We’ve
done everything except the condition of a grease trap.
G. Lake: This is in what was the former Happy Club, correct?
S. Plass: Yes.
G. Lake: Let me go through the Board before we open it to
the Public.
A. Dulgarian: I will wait.
P. Owen: I will wait.
R. Carr: I will wait.
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?
L.
Torres: A year ago I moved to Stratton Avenue and I heard
about that club. I’m just concerned
about parking. Do they have enough parking to accommodate
the people that
will
show up and if there will be special events and stuff?
G.
Lake: She will answer all the questions after but I don’t
believe it is the same type of atmosphere that the Happy Club
was but she will explain in better detail.
D.
Benedetto Sr.: I live at 21 Stratton Avenue. I have been
a resident of the Town of Wallkill
for over forty
five years.
I have lived on Stratton Avenue for fifteen years where I built
my home. The reason why I’m here tonight is fear. I have
a fear that this might be another ploy to open up the restaurant
and have it be like a Happy Club.
G. Lake: It was a night club.
D.
Benedetto Sr.: Right. I don’t know whether after
the Indian Restaurant is opened there will be a liquor license.
I would like to tell you a little bit about the Happy Club.
I was approximately about two hundred feet from them but the
noise on the weekends was horrible. So bad that we had to close
our windows. If you check the police blotters, the State Police.
They were there every weekend. I believe there was a shooting
there. The back of my house is about one hundred feet from
the property lot where Arby’s is. People were in the
back until three or four o’clock in the morning. There
was a serious situation there and an uncomfortable situation
there. I feel personally as a resident of Stratton Avenue that
we are entitled to some peace and quiet. If I could be assured
and guaranteed that this will be a quiet little restaurant,
fine. The last time they tried it, it was turned down. I would
say very strongly that we don’t need Stratton Avenue
to be up all hours.
P.
Damiano: I reside at 17 Stratton Avenue. I’ve been
there since 1987 and this is not my first visit nor is it my
neighbor’s first visit to voice concerns that we’ve
had with the property located in the back of our residences.
Again, this property does butt up against R-1 zoning. When
I first moved in back in 1987 there was an excessive amount
of noise. I know a number of years ago, I believe it was MTO
Associates, they wanted to do some improvements, we were here.
This is not my first challenge with the property in the back
with the current owner and we’re concerned. I guess Mr.
Benedetto Sr. said it straight up, is the amount of fear because
we all have kids. We are getting new people coming into the
neighborhood. Some of those people are not here tonight because
they don’t have the history that we have. The noise factors
that we had previously were unbelievable. I believe that Mr.
Benedetto Sr. and I echo the same sentiments. There was a couple
of stabbing’s and there were problems over the years.
Again, we have to go by the historical accounts. What I am
mainly concerned about also, is parking. Is the occupancy of
the building, whatever that would be, is there ample parking
to support that occupancy? Now I know you’ve got the
Mexican Restaurant, you have a Chinese Restaurant, and now
we’re talking about the addition of a third eating establishment.
Are there plans to have a Liquor License? Are there plans to
have it extended for hours of operation to go on until three
or four o’clock in the morning? These are all the concerns
that we’ve got. Again, the noise levels that we’ve
already been through have been unbelievable and we’re
worried. Again, we can come in and talk about our fears but
we don’t know. We haven’t heard from the professionals
yet on what they propose.
G. Lake: And, you will as soon as we get all the questions.
P.
Damiano: It is very difficult to comment on something when
we don’t know.]
G.
Lake: I assure you one thing for the length of time I’ve
been on the Board, we are all very familiar with what happened
with the Happy Club and I think from past history I would hope
you give us enough credit. We had another applicant who wanted
to go in that complex and didn’t go through because we
had some of the same fears. I hope our past history at least
shows that we have looked at every applicant that’s come
in with similar type of operations and we have turned down
a couple. You realize we have.
P. Damiano: Oh, yes.
G. Lake: There was a very big building that was going on your
border line years ago.
P. Damiano: Yes. I know that the property that is adjacent
to the Happy Club. The purpose of R-1 was to act as a buffer.
I had gone into this in discussions with Mr. Diana when he
was a Councilman here and I believe that he had sat on the
Board when that was configured.
G. Lake: That was when they wanted to put that office building
in and it got turned down.
P. Damiano: Yes.
G.
Lake: She will explain the operation. That’s
why she is taking notes and hopefully you will be satisfied.
P. Damiano: Thank you.
G.
Lake: Whose’s next?
S. Raman: I am very close to the location where they are proposing
the restaurant. I have fears of it becoming a bar, of drinking
and a lot of noise. We would like to keep our area quiet and
to have it stay that way.
G. Lake: Thank you. Before you answer all those questions,
no go ahead?
S.
Plass: We can probably answer most of the comments. They
are very similar. In regards to the
type of establishment,
it’s going to be similar to the Mexican and the Chinese
Restaurants. It will be more of a take-out business than a
sit down type of operation. The entire Happy Club is not going
to be used as restaurant. If you look at the plan, there is
a portion of it that will be used for storage only. We do meet
the codes for setbacks against residential borders and again,
for the parking requirements. Liquor License and hours, I don’t
know that information but the applicant is here tonight.
G. Lake: Do you have the hours of operation?
S.
Plass: No, I don’t have the
hours either.
G. Lake: I think the fear here is if there are going to be
bands or is it going to be a small take-out.
S.
Plass: It’s going to be similar to what is existing
now with the take-out with a couple of tables if people wish
to sit in the restaurant but there’s not really a big
enough space to put up a band and dancing or anything like
that.
G. Lake: Will that be enough?
S. Plass: That will be enough.
G.
Lake: What’s the hours going
to be?
M.
Sheilch: Open up like at ten o’clock in the morning
to about eleven o’clock at night.
G. Lake: Is that consistent with the other ones there?
S.
Plass: I don’t know.
G. Lake: Again, the hours?
S. Plass: Probably similar to what’s there already.
M.
Sheilch: We are not seeking any Liquor License. It’s
totally is going to be sodas and water. No alcohol.
G. Lake: What are your hours of operation going to be, very
similar to what is there now? A lot of take-outs. Tables to
sit down.
M. Sheilch: Only a couple of tables for sit down if necessary.
It will be take-out mostly and deliveries. That will be mostly
what we will have.
G. Lake: At this time, no Liquor License?
M. Sheilch: No sir. Not at all.
G. Lake: Okay. Let me go back to the Board.
A.
Dulgarian: I had the same concerns as the residents because
we’ve been down this road before about the strip mall
just down the way but what is being proposed here especially
if it’s very similar to the Chinese and Mexican Restaurant,
I believe it’s going to have a low impact. I don’t
see any changes in the characteristic of what’s currently
happening there. I’m happy to hear and I’m happy
to see the size is only seven hundred and eighty square feet.
It’s small and doesn’t have many tables. The other
concern I was having was for this building with all like uses
and a lot of times when you have a bank and then a restaurant
when the operation of hours are different, parking requirements
are totally different. Here there all going to be using the
same time but there all basically take-outs and I don’t
see it being a problem like we have with the Outback and others.
I don’t have any real issues with this.
P.
Owen: I don’t have any issues. It’s a small
space. There not going to be doing anything other than having
a small restaurant there. It’s not going to be looking
to be a club and it’s consistent with the uses already
there. I don’t have a problem.
R.
Carr: I don’t have a problem.
G.
Monaco: It appears that given the size of this restaurant,
I just don’t think it will
be a problem. I have been to many Indian Restaurants and
it is consistent
with the other
restaurants in the same location.
T.
Hamilton: I agree almost with all the other comments. This
is a different type of operation
and is low key. I don’t
see a problem.
G. Lake: Before I make the motion to close the Public Hearing,
we do have a letter that I want to put in the files is from
D. Benedetto Jr. and he is basically saying similar comments.
MOTION to close the PUBLIC HEARING at 8:29 P.M. made by A.
Dulgarian 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: Let me go through Mr. McGoey’s
comments. Do you have them?
S. Plass: Yes.
G. Lake: Actually there are only two of them.
S.
Plass: I don’t have the latest
ones. Item #1 is just revising the note. Again, a grease
trap.
G. Lake: Back to item #1. The double striping. Is that going
to be done?
S. Plass: Yes.
G. Lake: The grease trap you already talked about.
S. Plass: Right.
G. Lake: Who checks that, Mr. Smith?
D. McGoey: Yes. I just want to make sure that they show the
proper connection and grease traps will also have to be installed
for the other two restaurants.
S.
Plass: It’s my understanding
the other two restaurants currently have a grease trap.
D. McGoey: Is it large enough?
S. Plass: Yes. I believe we have it large enough to accommodate.
G. Lake: Let me go back to the Board.
A.
Dulgarian: I have no problem with the subject to’s.
P. Owen: Nothing at this time.
R. Carr: Nothing other than the comments.
D. McGoey: Put a note on the plan about the hours of operation
and condition of approval and if they decide on a Liquor License
they will have to return to us.
M. Sheilch: Okay.
G.
Lake: What we’re saying is you won’t
be open after eleven in the evening. Anything else, Mr. Carr?
R. Carr: No.
G. Monaco: Nothing.
T. Hamilton: Nothing.
MOTION for a NEGATIVE DECLARATION subject to D. McGoey’s
comments and the additional notes to the plan made by A. Dulgarian
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
MOTION
for SITE PLAN/SPECIAL USE PERMIT subject to D. McGoey’s
comments and the additional notes to the plan made by G. Monaco
and seconded by A. Dulgarian.
A. Dulgarian: Aye
P. Owen: Aye
R. Carr: Aye
T. Hamilton: Aye
G. Monaco: Aye
G. Lake: Aye
MOTION CARRIED. 6 AYES
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