T. Hamilton: I see it in my area. We had drainage easements in
my area across the back and now the Town is looking to come into
it. There are sheds, fences and everything in the way. It is an
easement but if it was isolated on one lot we wouldn't have these
problems.
G.
Barone: The easement agreement would restrict the landowners right
to place anything on, through, in the area that's covered by the
easement. They wouldn't be permitted to put sheds there or fencing
because it would obstruct the flow of water. There would be those
restrictions for the easement. Ownership of the detention area
creates additional problems in terms of liability from the Town
if someone is injured. The parcel that the detention basin is
located there is an issue with the Town on a liability standpoint.
T.
Hamilton: Yes, but I can see myself if I went to buy in that area,
why would I want to buy a lot that has one fourth of it a drainage
easement with a detention pond there that I can't do anything
with. I'm going to mow out so far because I'm paying taxes towards
a drainage district. When will they come in and clean it? Once
a year. Do you know what that's going to look like in somebody's
back yard if they come in once a year? I think we're better off
having it on one parcel.
G.
Barone: They can ideally centralize it in one property owner's
back yard and confine it to one property owner or have multiple
ponds in multiple back yards but not covering the back yards of
three or four parcels.
T.
Hamilton: Which they have now.
G.
Barone: Correct. In theory, that's an ideal but whether or not
from an engineering standpoint.
A.
Dulgarian: No. The other thing is we know, we've seen in the past
that property owners were never made aware of all these restrictions
on their property. This would be so tough to police.
G.
Lake: What we were going to ask them for is all the notes on every
map that goes out.
A. Dulgarian: I would like to see it done a little better.
G.
Lake: Dick, you're recommending no action tonight any way at this
point with issues to take care of.
D.
McGoey: Correct.
G.
Lake: Why don't we table this. You know the wishes of the Board
as far as the sidewalks. You also know the wishes of the Board
at this point about the detention ponds.
Unidentified
Individual: How big are the homes going to be? Nobody has said
anything about that.
G.
Lake: What is going on with the plan is what the lot will support.
We don't stand here and tell somebody. There are minimum building
requirements by the State but we don't force them to build a ten
thousand square foot house or a two thousand square foot house.
Unidentified
Individual: Oh, there's no minimum?
G.
Lake: I believe the minimum is six hundred square feet by State
law.
Unidentified
Individual: Are these going to be like STAR homes or what are
they going to be? What about the price ranges?
G.
Lake: We are a land use Board which we make sure it fits. This
is a private person so I doubt they are asking for any Federal
money or State money. I would have to believe that they will be
out right sold to the general public.
Unidentified
Individual: Where can someone find this information?
G.
Lake: You are welcome to ask the developer after the meeting.
That's really not our function. We make sure that a proper size
home would fit, the setbacks are on there. The drainage that we're
talking about now is done so it doesn't affect their neighbors.
That's our job. The Fire Department had a problem with the road.
We made sure we worked that out with them and the Fire Department.
We don't get into the architectural reviews. I don't know if that
helps you or not but . . .
Unidentified
Individual: No.
G. Lake: Any way . .
Unidentified
Individual: Excuse me, what about the water?
G.
Lake: The Public Hearing was closed. We just spent a lot of time
on the water issue. I will explain what your next step is in a
second.
Unidentified:
No, but just a simple question. We really have water problems
in the front of the homes. They all flood in the front of the
homes. Now, there is going to be a problem in the back of the
homes.
G.
Lake: As I said before to this gentleman, this project has to
retain all it's new water on his own property. That's what we
were just talking about, the detention ponds. No new water will
leave this property and run down on to someone else's property.
That's what we're working on right now. We are going to send them
back to our Engineer because we have questions about that. No
action is going to be taken on this tonight. We are going to look
at that a little closer to make sure no new water.
Unidentified
Individual: What about the water we have now?
G.
Lake: It's not this applicant's doing. You might have a drainage
problem with the Town or it's just the way the land is but this
applicant will not dump any new water on anybody's property. That's
what we are working on right now. We are under the sixty two day
time limit on this. Are you willing to waive that time frame while
we work this out?
G.
Lithco: Yes.
Tabled.
Applicant waives time frame.
1. PUBLIC HEARING 7:35 P.M. - TOWNSEND - VanBurenville/Keasel
Roads (36-1-1) #015-002
G.
Lake: Public Hearing started at 8:30 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 1st day of May, 2002 at 7:30 P.M. or as soon thereafter
as the matter can be heard that day on the application of James
& Isabelle Townsend, P.O. Box 357, Middletown, New York 10940
for approval of a three lot subdivision located at the intersection
of the east side of VanBurenville Road and the south side of Keasel
Road, under Article III, Section 4, Paragraph G 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
D.
Yanosh: I am the Surveyor for the project.
G.
Lake: Can you give us a description of what you want to do?
D.
Yanosh: We have a 4.7 acre parcel of land. It's in the R-2 zone
on the corner of Keasel Road and VanBurenville Road. The proposal
is for three residential lots. Lot #1being 1.53 acres, Lot #2,
1.54 acres, and Lot #3 1.63 acres. The soils formula was figured
out. The septics will be in the 40B soils. The minimum lot size
for a 40B soil is l.4 acres. We meet those requirements for the
sizes of the lots. The lots will have single family houses, individual
septics and wells.
G.
Lake: I will go through the Board before the Public.
A.
Dulgarian: Mr. Yanosh, one is coming off of Keasel and two coming
off of VanBurenville Road?
D.
Yanosh: True.
P.
Owen: No questions right now.
R.
Carr: No questions.
G.
Luenzmann: No, I don't.
G.
Monaco: No questions.
T.
Hamilton: None.
MOTION
made to close this PUBLIC HEARING at 8:31 P.M. made by R. Carr
and seconded by G. Luenzmann.
A. Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
7
AYES. Motion carried.
G.
Lake: Do you have Dick's comments?
D.
Yanosh: Yes I do.
G.
Lake: Can you go over those please?
D.
Yanosh: Agricultural, I checked with the Town. I guess there's
nothing around that area. I don't know how else to verify.
D.
McGoey: You can verify it on the tax map.
D.
Yanosh: Okay.
D.
McGoey: Did you look at the tax map?
D.
Yanosh: Yes.
D.
McGoey: There were no Agricultural District4 boundaries?
D.
Yanosh: I don't think within five hundred feet, no.
D. McGoey: If you look at the tax map it shows you where the Agricultural
District boundaries are.
D.
Yanosh: Yes, I talked to Mollie about this. I will check again.
G.
Lake: It will be subject to your checking.
D.
Yanosh: The site distance for lot #2 . It's on the corner of Keasel
just up from the intersection of VanBurenville Road. I figure
the site distance is two hundred twenty feet to the intersection.
The speed around the corner, it's a thirty mile an hour zone through
there coming around from the easterly side. I think there is enough
site distance through there to stop with no problem at all. You
can't be going too fast off the intersection any way because of
where the driveway is on that lot. The Gallanger lot, the well
is in front. I can show a distance possibly to the front of it.
I have no problem showing that. The septics for the Gurda lot,
the house is just being built. I don't think the septic was in.
I don't know how I can show that. It's in the ground already.
I can give an approximate for you.
D.
McGoey: There's a building and a camper on the adjoining lot fronting
on Keasel that you don't show on your map. Is there a septic and
a well on that lot?
D.
Yanosh: No. The house, if anything, is quite a ways away.
D.
McGoey: What's with that building doing there?
D.
Yanosh: I don't know.
D.
McGoey: You should show it on here any way because it is right
near the lot line behind that stone wall.
D.
Yanosh: Okay.
D.
McGoey: And verify if there is a septic there because it might
be too close to the proposed dwelling.
D.
Yanosh: I will check it out.
G.
Lake: Back to the Board.
A.
Dulgarian: Nothing more.
P. Owen: Nothing.
R.
Carr: Nothing.
G.
Luenzmann: The only question I have is with the site distance
and are you satisfied with that Dick?
D.
McGoey: Yes I did a field review out there and he can't really
improve it. It doesn't seem to be too much of a problem.
G.
Luenzmann: It looks okay here.
G.
Monaco: No questions.
T.
Hamilton: No questions.
MOTION
for a NEGATIVE DECLARATION subject to all comments 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.
Luenzmann: Aye
G.
Lake: Aye
7
AYES. Motion carried.
MOTION
for PRELIMINARY APPROVAL subject to all comments made by A. Dulgarian
and seconded by G. Luenzmann.
A. Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
7
AYES. Motion carried.
2. PUBLIC HEARING 7:40 P.M. - KANDEL ASSOCIATES - 3 LOT SUBDIVISION
M & M Road (14-1-104) #016-002
G.
Lake: Public Hearing started at 8:35 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,
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