TOWN OF WALLKILL PLANNING BOARD

MEETING

APRIL 16, 2003

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

MEMBERS ABSENT: G. Luenzmann

OTHERS PRESENT: G. Barone, D. McGoey

1. PUBLIC HEARING 7:30 P.M. - CESCA - 5 LOT SUBDIVISION - York Road (3-2-14) #110-002

G. Lake: Public Hearing started at 7:34 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 16th day of April, 2003 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Kenneth Cesca, 3 York Road, Middletown, New York 10940 for the approval of a five lot residential subdivision of a 42.38 +/- acre parcel. The parcel of land is located on the westerly side of York Road, Tax Map Parcel: Section 3, Block 2, Lot 15, under the Subdivision Regulations of the Town of Wallkill. All parties of interest will be heard at said time and place. S/Gary Lake, Chairman

J. Nosek: We’ve made some revisions at the request of the Town Engineer and the Highway Superintendent. Specifically, we have added a cul-de-sac turn around which we’ve agreed to grade and provide the filling for as the basis for a turn around for the Town given the fact that there’s a dead end road presently with no turn around there and a stream a short distance from that point. This is a proposed five lot subdivision. The lots will be serviced by wells and septics. Three lots of approximately 1.78 acres to 2.14 acres and then two very large parcels in the rear, 26.1 and approximately 10.1 acres which will include the pond.

G. Lake: Before I go to the Public, let me go through the Board.

P. Owen: Nothing now.

R. Carr: Nothing.
G. Monaco: Nothing at this time.

T. Hamilton: Not right now.

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

MOTION to close this PUBLIC HEARING at 7:38 P.M. made by P. Owen and seconded by R. Carr.

P. Owen: Aye

R. Carr: Aye

G. Monaco: Aye

T. Hamilton: Aye

G. Lake: Aye

MOTION CARRIED. 5 AYES

G. Lake: Do you have a copy of Dick’s comments?

J. Nosek: Yes I do.

G. Lake: Did you address them?

J. Nosek: I was able to address them and maybe I can go over the changes quickly.

G. Lake: Do you have a copy with you?

J. Nosek: I don’t have it with me. I did make the revisions to the comments.

G. Lake: Why don’t you tell us briefly.

J. Nosek: The request was to shorten the easement. The easement was shortened at the request of the Town Engineer and we provided a proposed swale along that property line on
lot #1 as well as notation to indicate that the swale shall be built prior to the issuance of a Certificate of Occupancy for that lot and that it’s the responsibility of the developer of lot #1 to put that swale in. Comment #2 was the Highway Superintendent comments which I believe we have addressed. We did provide a cross section to the cul-de-sac. If you flip to page 505 you will see that we gave a little section profiles of the cul-de-sac from 00 to the end of the two on one side slope. We did include in the legend the silt dense deep designation that’s shown on sheet two of five. There was a requested driveway profile for lot #4 and #5 and that is also on sheet five of five. Comment #6, vertical datum tied into the vertical and horizontal datum. If you look at the furthest westerly property corner we do reference the Wallkill datum and it’s also referenced in the survey certification. Improvements within the sub-district lot #5. I did provide a letter to you that the elevation of the existing building is approximately two feet higher than the base elevation of the stream and is well out of the one hundred year flood plan. There is no agricultural use within five hundred feet of this property. Our survey department went out and verified that. We do need septic approval from the Town Engineer, we understand that. We did push the units back on lot #1 and #2 as far as we could. We moved them back approximately another thirty feet. Iron pin notation and concrete monumentations have been noted on the plan. We don’t feel driveway culverts are required because basically from the edge of pavement everything just basically drains straight back to the pond area.

G. Lake: Is that okay, Dick?

D. McGoey: Yes. I will look at it closer later.

G. Lake: Let me go through the Board.

P. Owen: Nothing at this time.

R. Carr: I think it was a good idea moving the houses back on lots #1 and lot #2. I have to tell you, I do have a little concern because this is the first time I’ve seen this cul-de-sac. What happens to the drainage?

J. Nosek: The drainage will go exactly the way it does now.

G. Lake: That was wanted by the Highway Superintendent?

J. Nosek: Yes. We have no objections to making it smaller but the Town Code requires it to be that size.

R. Carr: That’s my only concern and I have to go with the experts but this is a small rural road.

G. Lake: Dick, I kind of agree with Mr. Carr on the size of that.

D. McGoey: A “T” turn around would probably be more appropriate.

G. Lake: Do you think the Highway would consent and agree with that?

D. McGoey: Yes. I will talk to him between now and the final approval.

G. Lake: You have to go to Eustance & Horowitz any way.

J. Nosek: Yes.

G. Lake: You don’t have any objections to a Preliminary Approval?

J. Nosek: We have no objections. It’s just that everything else has been addressed and we were hoping we might be able to get a conditional final.

D. McGoey: It would have to be Preliminary Approval.

G. Lake: You have to come back any way.

J. Nosek: The advantage is if we get a conditional final we can address Dick’s comments and not have to come back before the Board.

G. Lake: Yes, but you still have to do Eustance & Horowitz.

J. Nosek: Okay.

G. Lake: We couldn’t give you a final without Eustance & Horowitz approval. That hasn’t been done, has it?

J. Nosek: No. We haven’t been to Eustance & Horowitz.

G. Lake: I don’t think we’ve ever done it the other way. We can only grant you Preliminary, right Dick?

D. McGoey: Yes. We may do it for three lots but very seldom.

G. Lake: We will make sure to expedite as best we can.

G. Monaco: The reason you couldn’t go back any further?

J. Nosek: The septic systems and we’re required to be a certain distance from the leach fields to the house.

G. Monaco: The percolation tests further back wouldn’t accept the septic system?

J. Nosek: Not only that but the grades get a lot steeper. If you see the contours, it gets much deeper.

T. Hamilton: Mr. Barone, on the Agricultural District, the applicant mentioned the surveyor checked it. Don’t they have to fill a form out and send it out legally?

G. Barone: No. Not within a five hundred feet of the Agricultural District, then they don’t have to do it.

G. Lake: It looks like the only thing to get straightened out is the cul-de-sac which Dick will get a hold of the Highway Superintendent and I’ll also get in touch with him. I think Mr. Carr is one hundred percent right.

MOTION for a NEGATIVE DECLARATION made by T. Hamilton and seconded by G. Monaco.

P. Owen: Aye

R. Carr: Aye

G. Monaco: Aye

T. Hamilton: Aye

G. Lake: Aye

MOTION CARRIED. 5 AYES

MOTION for PRELIMINARY APPROVAL subject to Dick’s comments and the Highway Department with the cul-de-sac made by G. Monaco and seconded by P. Owen.

P. Owen: Aye

R. Carr: Aye

G. Monaco: Aye

T. Hamilton: Aye

G. Lake: Aye

MOTION CARRIED. 5 AYES

2. PUBLIC HEARING 7:35 P.M. - OK TROPICANA RESTAURANT - SITE PLAN/SPECIAL USE PERMIT - Route 211 East (50-2-33.1, 32.1, 45) #002-003

G. Lake: Public Hearing started at 7:46 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 16th day of April, 2003 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application Otis Brooks, 60 Evan Road, Warwick, New York 10990 for approval of a Special Use Permit for Restaurant, OK Tropicana, located at 280 Route 211 East across from Dodge Drive under Section 82.24 (C)(11) 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 have your mailings and the ad from the paper?

O. Brooks: Yes I do.

G. Lake: We have to do that first.

O. Brooks: Okay.

G. Lake: Give us a little description of what you want to do and then we will go through the Board and the Public for the Public Hearing.

O. Brooks: What I would like to do?

G. Lake: Yes, just briefly.

O. Brooks: Sure. What I’m trying to bring in to this Town is a Carribean Restaurant, with a juice bar.

G. Lake: That’s going to be right behind the Pizza Hut building?

O. Brooks: Yes.

G. Lake: What was there before?

O. Brooks: I heard it was a Night Club. I wasn’t really around here at the time.

D. McGoey: I forget the name of it.

O. Brooks: What I’m doing has absolutely no similarity because there will be absolutely no liquor on my premises.

G. Lake: No, I just wanted everybody to know where we’re talking about. Let me go through the Board.

P. Owen: Nothing.

R. Carr: Nothing.

G. Monaco: Nothing.

T. Hamilton: Where is Dodge Drive? I don’t remember that road.

D. McGoey: It’s across the street. It’s a dirt road.

G. Lake: Is there anyone from the Public who has comments on this application?

MOTION to close this PUBLIC HEARING at 7:47 P.M. made by G. Monaco and seconded by P. Owen.

P. Owen: Aye

R. Carr: Aye

G. Monaco: Aye

T. Hamilton: Aye

G. Lake: Aye

MOTION CARRIED. 5 AYES

G. Lake: The only big comment outstanding was the grease trap?

O. Brooks: Yes and that matter has been resolved. I invited Mr. Smith to come by and we resolved the issue of the grease trap and will probably be on the other side of the building. That has been resolved.

D. McGoey: Can you have your Engineer just show that on your plans?

O. Brooks: Yes I will.

G. Lake: That’s going to have to be done before we can sign off on the plans also. Anything else Dick?

D. McGoey: We have everything.

G. Lake: Let me go through the Board one more time.

P. Owen: I have no comments.

R. Carr: Nothing.

G. Monaco: No problems. A much better use.

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