continued from page 2

40013. PUBLIC HEARING 7:45 P.M. - WOLFE TOWING - SITE PLAN/SPECIAL USE PERMIT - Bloomingburg Road (3-1-33.11) #115-002

G. Lake: This has been cancelled because we have to set another Public Hearing for him on May 5, 2004.

A. Dulgarian: Are you looking for a motion?

G. Lake: Yes. Something happened to his notice.

MOTION to schedule a PUBLIC HEARING for May 5, 2004 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

40014. DRAGO - 2 LOT SUBDIVISION - Goffredo Court (36-1-74) #019-004

S. Plass: This is an existing subdivision that was approved in 1991 and at that time this lot was not for building purposes. It’s a four and a half acre lot approximately and what we’re proposing is two lots.

G. Lake: Dick and Dave, is this a Town road?

S. Plass: No.

D. McGoey: It was originally proposed to be a Town road and over the years it was constructed without sections and a lot of issues happened there. Dan Patenaude went to the Town Board and they approved a 280A, private road. My question is whether the 280A approval also took in the “T” section of the road.

G. Lake: Actually I had this discussion and I can’t remember with whom but it seems that there were other problems or because of the size of that. I don’t remember us sending it to them. Did it come here or did we send it to the Town?

D. McGoey: It didn’t come here.

G. Lake: I don’t think the procedure was ever right on this.

D. McGoey: What?

G. Lake: I don’t think the Town Board ever sent it back to us for an open development and we never gave a recommendation.

D. McGoey: I’m not sure it has to be.

G. Lake: I believe that’s how we have done it in the past.

D. McGoey: Well, that’s because it usually goes through the channels when it comes to the Planning Board first and then we tell them to go to the Town Board.

G. Lake: My question is basically can we do a subdivision on an open development that has been approved by the Town Board that they approved for what it is and not more lots?

D. McGoey: I don’t know at this point.

G. Lake: Do you know what I’m trying to say? When they got the approval for open development.

S. Plass: Yes.

G. Lake: I had to think this out.

S. Plass: They really didn’t get the approval for the open development. It just kind of happened.

G. Lake: Actually they got an approval from the Town Board for open development.

S. Plass: Okay.

G. Lake: That open development was an approval for ten lots or whatever is there.

S. Plass: Right.

G. Lake: I don’t think and I’m not sure and we’re going to have to ask our Attorney to research this at this point now, that we’re allowed to turn around and change the lots because of an open development that was pre-set from another jurisdiction myself.

S. Plass: Okay. Who would be allowed, would we have to go to the Town Board?

G. Lake: I don’t know. We’re going to have to give our Attorney time.

S. Plass: Because, we couldn’t find anything on it.

G. Lake: That’s where we’re going to be at tonight. In the meanwhile we will have to give our Attorney time to research it and we will also have to pull out the old records from the Town Board to find out what their intent was but at this point I think we need to find out if we can legally even do another subdivision within an open development that was approved by another Board.

T. Hamilton: Don’t we have to look into the fact that the lot sizes don’t meet the new zoning that’s before us now?

G. Lake: I think that’s going to be the next issue.

T. Hamilton: We should find out if they can change it or cannot change it.

S. Plass: I think we were looking for an interpretation on the requirements.

G. Lake: An interpretation?

S. Plass: At the proposed building sites we have the two hundred feet but on the cul-de-sac itself we don’t.

A. Dulgarian: Yes, but right now we’re measuring it at . . .

T. Hamilton: Front building line.

A. Dulgarian: No, we were measuring it at the house setback, not at the road frontage.

S. Plass: Right.

T. Hamilton: I said by building line.

D. McGoey: Lot #1 doesn’t make it.

S. Plass: I’m sorry. Lot #1 is wide enough. I can dimension it for you. Do you want it at the building site or at the front yard setback?

D. McGoey: The building setback.

G. Lake: Even if you wanted an interpretation at this point, I would feel uncomfortable sending you to the Zoning Board of Appeals until we find out where we’re at trying to do this with an open development.

S. Plass: Okay.

G. Lake: At this time, our Attorney will look into it. We will look into it. We will have to table this until we find out.

S. Plass: Do you know how long it will be?

G. Lake: No. I don’t know how long it’s going to take him to find out. Give us a few days. I mean if you want to be put back on, is that what you’re saying?

S. Plass: We can always cancel if we find out we have to.

G. Lake: Okay. June 2, 2004.

MOTION to TABLE for further review made by A. Dulgarian and seconded by R. Carr.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

40015. APPLIANCE CITY - SITE PLAN/SPECIAL USE PERMIT - 680 Route 211 East (41-1-68.1) #078-003

W. McGovern: Tonight I’m planning on making a presentation on restaurant parking requirements for the new tenant for the Appliance City Shopping Center. Mr. Bernard Colleti, the owner of the property is also here. The property is located at 680 Route 211 East, Middletown, New York in the existing shopping center. The current building houses about twelve thousand six hundred square feet of retail store space and about thirteen thousand square feet of warehouse space, approximately fifty percent retail, fifty percent warehouse. It is zone M-I district, Manufacturing Industrial and a shopping center is an allowable Special Use for that zone. The purpose of this application is to review the off-street parking and loading requirements for a shopping center with an eating and drinking establishment per Section 249-12 of the Zoning Ordinance. There is a parking calculation tabulation on the drawing which illustrates the existing uses and required parking based on square footage. To briefly go over that, the shopping center requirements are 4.2 spaces per one thousand square feet of net floor area for a shopping center. There is an additional requirement of ten spaces per one thousand square feet for eating and drinking establishment. The proposed Chinese Restaurant or an eating and drinking establishment is two hundred square feet and based on those requirements that space would require twenty parking spaces. The shopping center requirements are one hundred and twenty seven so by adding those two, we come to a total of one hundred forty eight spaces. The spaces on site right now are only at eighty three and that was based on the prior approval for the facade improvements which is the rendering on the wall which received approval from last year. The parking is broken down into customer parking in the front and the side of the building and tenant parking in the rear of the building with seventy additional spaces. The total on this plan is one hundred spaces and that’s short of the requirement by forty eight spaces. It’s important to point out here that the previous application for this facade and landscaping improvements was approved for eighty three spaces which is exactly three less than eighty six that were on the site originally. It was for the same use, a shopping mall and we’re not proposing to put in anything that is non-conforming for that use. The prior approval was granted on an overall improvement of the entire site. We improved the front facade. We took down combustible construction and replaced it with non-combustible and we successfully incorporated all of the municipal police, fire department comments. The fire lane access around the building, dumpster enclosures and removing structures around the building to gain that access. The overall tenant occupation and the owner has complied with the Zoning Ordinance. However, in order to comply and I would respectfully submit to the Board that this would create an unnecessary hardship on my client thus we are requesting a variance for the parking.

G. Lake: First off, you did a great job with the remodeling. Variances this Board cannot give you that variance. The only thing we can do is deny you and send you to the Zoning Board of Appeals.

M. McGovern: That’s good.

G. Lake: That’s basically what we’re going to have to do tonight for you to continue on with the process.

M. McGovern: We do and we request your denial.

MOTION for approval of SITE PLAN/SPECIAL USE PERMIT made by P. Owen and seconded by T. Hamilton.

A. Dulgarian: Nay

P. Owen: Nay

R. Carr: Nay

T. Hamilton: Nay

G. Monaco: Nay

G. Lake: Nay

MOTION DENIED. Applicant to seek relief from the Zoning Board of Appeals.

40016. GOLDEN TRIANGLE - SITE PLAN/SPECIAL USE PERMIT - Silver Lake Scotchtown Road (40-1-16) #074-002

CANCELLED.

40017. CONCRETE PROPERTIES - 5 LOT SUBDIVISION - Lybolt & Brimstone Hill Road (12-1-24.23) #089-003

W. Norton: This is the next phase, across the street. We have a proposal for five lots that border on Hufcut and Lybolt Roads. They range from three acres to thirteen acres. The thirteen acre lot has an existing farm house on it and the other proposed lots would be long lots.

G. Lake: I will go through the Board.

A. Dulgarian: I have nothing.

P. Owen: I have nothing.

R. Carr: I just have a problem with lot #3 with the configuration.

G. Monaco: What is the lot width on lot #6? The road frontage is one hundred forty three.

W. Norton: It’s one hundred forty two plus one hundred and one so, it’s two hundred and forty three. It’s just shy of two hundred feet.

G. Monaco: You need two hundred feet.

W. Norton: You need two hundred feet at the building site.

G. Monaco: Do you have the building site there?

W. Norton: Yes, on the second sheet you can see the detail.

T. Hamilton: How are you going to get it to the building line?

W. Norton: Excuse me. Where I measured it was at the narrowest spot on the second sheet. The lot actually narrows in at that point.

G. Lake: Verify it and put the measurements on it.

W. Norton: Sure.

G. Lake: Anything else?

T. Hamilton: Just Dick’s comments.

G. Lake: We have to set a Public Hearing. Dick’s comments, are you going to have a problem with any of them?

W. Norton: No. There is nothing out of the ordinary.

G. Lake: Dick, are you going to need another work session?

D. McGoey: No.

MOTION to schedule a PUBLIC HEARING for June 16, 2004 made by P. Owen and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

40018. SAWKA - 5 LOT SUBDIVISION - Hubbard Road (6-1-24.23) #048-002

E. Johnson: We’re on Hubbard Road and we’re doing a five lot subdivision with a private road with one existing house on lot #5 and the lots range from 6.4 acres to 2.7 acres.

G. Lake: You want to do an open development?

E. Johnson: Right. It’s an open development. We already had that approval.

G. Lake: So, you did go to the Town Board?

E. Johnson: Right.

G. Lake: I remember that now. I will go through the Board. He’s been to the Town Board already to get the approval for the open development.

A. Dulgarian: No. I have nothing.

G. Lake: This was a little different at the time?

E. Johnson: First we were going to do it with a couple of driveways and then Mr. McGoey’s idea was to put the private road in so we switched it around to that idea.

G. Lake: Just so the Board knows.

P. Owen: Wasn’t there something about the road?

E. Johnson: We did have it on that one part and the question came up was whether that would be a build-able lot off of that one but there is a house on that already so it face Hubbard Road. The question came out as whether that would become a corner lot and had to face both ways.

A. Dulgarian: Wasn’t there a taking from the other property?

D. McGoey: It was creating a second front yard and the house setback for the new front yard.

A. Dulgarian: Wasn’t that road going into the other property?

E. Johnson: Right now it’s just a big empty field. There’s no road or anything even in there that looks like a path or a road through there.

A. Dulgarian: Who has that house on the corner?

E. Johnson: It showed up on the tax maps as lands of “Ford”.

G. Lake: Mr. Dulgarian, anything else?

A. Dulgarian: Come back to me.

P. Owen: Nothing.

R. Carr: Any chance that there could be trees along there?

E. Johnson: In the comments from Mr. McGoey today we will have to put trees in along that line.

G. Monaco: Nothing.

T. Hamilton: Just one question for Mr. McGoey. When you mentioned the corner lot, if that’s a private road, because it would make that one lot non-conforming.

G. Lake: Between now and the Public Hearing we will try to research that. Dick’s comments, do you have any problem with any of them?

E. Johnson: No. I talked to the Engineer. Most of them were from the stormwater report and he said he would have no problem making the changes.

G. Lake: Dick, are you going to need a work session?

D. McGoey: Yes.

MOTION to schedule a PUBLIC HEARING for July 7, 2004 made by P. Owen and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

40019. CHRISTIAN FAITH FELLOWSHIP - EXTENSION TO FINAL - M & M Road (14-1-29.1) #056-002

T. DePuy: We’re looking for an extension on the final approval. Actually they’re going to be pulling Building Permits in about two weeks but the date is such that.

G. Lake: Is this your first one?

T. DePuy: Well, actually we did an amended site plan.

G. Lake: And this is your first extension since that amended site plan?

T. DePuy: Yes.

MOTION for a ONE YEAR EXTENSION on the Final Approval 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

40020. FOR DISCUSSION ONLY - Recommendation to Town Board on Proposed Resolution to ban construction of crematoriums within the Town of Wallkill.

G. Lake: The Town Board sent us . . .Did you get a chance to read this?

D. McGoey: No.

G. Lake: The Town Board sent us a proposal for a recommendation or a denial on crematory f or animals.

A. Dulgarian: I personally do not have a problem to refer this to the Town.

G. Lake: My concern with a blanket because I would like more information from them because a vet has them, for example. Is a vet going to want one some day where they are already in the Town?

T. Hamilton: What about the ASPCA?

G. Lake: And people like that. I would just like to get more detail of what they’re looking for myself before we turn around and just say and I think with technology today and I always look at Quick Roll. Most of you know where it is and the guys on the Board back then we had to have to cops here to protect us.

T. Hamilton: My only question is a legal question. Over the years we were always told we couldn’t take one item and zone it out of the Town completely. We had to pick a spot where we could put one. This is more or less zoning it out completely. I know when we went through with the adult book stores, we found out we couldn’t zone it out completely. We had to find a zone we could put it in. I think you have to do the same thing with this. You just can’t zone it out completely.

D. DePew: We researched this before we gave it to you and we have the legal ability to do it so as far as zoning it out it would not be an issue. The ASPCA has one. The vet over on Route 17M has one, very small. Everybody who already has it should be grand fathered in. What the resolution is meant to do was to prevent an industry from coming in. As far as vets it shouldn’t be a problem unless they are zoned in an area where they can’t have that going on.

G. Lake: Which is true then but that doesn’t mean that it won’t open someplace or.

D. McGoey: You can have a crematory as an accessory use to run a vet, etc.’

G. Lake: All the ramifications down the road . . .

T. Hamilton: So, in fact, the applicant that was here previous that had that suppose his primary use was selling them little plot head markers and that was his primary use and then he used the crematory as an accessory use. I mean, let’s get it straight and get it right.

A. Dulgarian: I think we have to take each application on it’s own merit. I’m all for having the chance to deny this but I just think each application should be on it’s own merit.

G. Monaco: I agree.

D. DePew: We’ve done blanket resolutions before. There are no dumps in the Town of Wallkill.

G. Lake: I guess that’s what they’re looking for, a recommendation from us one way or the other?

D. DePew: Yes.

G. Lake: Motion to send a recommendation to the Town Board on their request. I’m still not sure what they’re looking for from us. It’s not like it’s a zone change.

T. Hamilton: It is zone changing.

N. Guenste: Yes it is.

P. Owen: Mr. Lake, I think we’re missing a lot. What do we know about the possible affects of this on the environment or on the affect of the neighbors? What do we know about the fumes that does escape because of it? Without that information I would have a hard time giving a blanket recommendation to ban something that I don’t have information telling me that it is truly harmful.

A. Dulgarian: I know another industry that’s similar. We bake all the engine blocks and stuff like that because it is environmentally friendly to do it. Again, I think you have to treat every applicant on it’s own merit. There are a lot of entities. What ever applicant comes in will have to be subject to their overview.

P. Owen: I have problems just throwing blankets. I know the intent is good coming from the elected officials but that’s why there are checks and balances and we should take each application on its own.

R. Carr: We never got a chance to hear what the environmental impacts were. I really don’t know and I agree with Mr. Owen. Without knowing, there are a lot of industries out there that are worse. Without having more information I guess my recommendation would be that we take more time to somewhere get more information on this because we haven’t seen what any of the environmental impacts were.

P. Owen: Actually burning carcasses is actually helpful with modern technology.

G. Lake: So, we should find out more about it before we make our decision.

T. Hamilton: What’s our time frame for this?

D. McGoey: Sixty days.

D. DePew: When did you get it?

D. McGoey: The twenty fifth of March.

T. Hamilton: We have time. When that applicant was in didn’t they have information on the emissions? He was in a work session when we asked for the information.

D. McGoey: We asked him for that at the end.

T. Hamilton: I know it was brought up at a work session.

D. DePew: If you guys want to talk about it I can do that. I didn’t know it was going to be on your agenda for this evening.

G. Lake: I added it on when I got it in my box.

D. DePew: Tonight?

G. Lake: No. Monday, I believe. We really haven’t had enough time. I saw it there and the agenda wasn’t too bad tonight I thought we would get it done.

D. DePew: One of the things I heard you talking about was the other agencies that regulate. My research on it is the Department of Environmental Conservation comes out to issue a permit and then it most cases they don’t show up for five or six years even if there is a complaint. That’s coming from another one which is completely on two hundred acres and no one checks it. Also you talk about the technology of burning things, in doing that when you burn organic substances that have carbon-based life forms it puts in the air chemicals that may not be harmful but once the particles are in the air in toxic levels and the toxic levels will be determined on how well functioning the plant is burning. If the agency doesn’t check this regularly you never know how well the plant is functioning. There is also more concerns about if you have this in the Town and they offer the use to the Highway Department. Do you know how many dead deer are along the side of the road? Now they will be dropped off at a certain place and a house may be near. There are a lot of environmental issues.

G. Lake: I think that’s what Mr. Dulgarian was saying that every applicant has to stand on its own. I think the Board, and rightfully so, if we can get a little information and if you have it drop some off in the Planning Board office.

N. Guenste: Mr. Lake, contact Virginia Moore because she had all the information. I will ask her to send it over to you.

G. Lake: Yes, please do.

Tabled for more information.