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by G. Luenzmann.

A. Dulgarian: Aye

R. Carr: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

5 AYES. Motion carried.

G. Lake: Do you have any more comments at this point?

A. Dulgarian: No. Again, I do not have a problem with bars and clubs in the community but I just think there are certain spots they should be in and although there was clubs at this site here is a chance to correct it.

R. Carr: I have nothing.

G. Luenzmann: No, I've said what I had to say.

G. Monaco: Nothing.

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

A. Dulgarian: Nay

R. Carr: Nay

G. Monaco: Nay

G. Luenzmann: Nay


G. Lake: Nay

5 NAYS. Motion denied.

MOTION for SITE PLAN made by A. Dulgarian and seconded by G. Monaco.

A. Dulgarian: Nay

R. Carr: Nay

G. Monaco: Nay

G. Luenzmann: Nay

G. Lake: Nay

5 NAYS. Motion denied.

MOTION for SPECIAL USE PERMIT made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Nay

R. Carr: Nay

G. Monaco: Nay

G. Luenzmann: Nay

G. Lake: Nay

5 NAYS. Motion denied.


3. KABRO ASSOCIATES - SITE PLAN/SPECIAL USE PERMIT - Cottage Street Extension (40-1-50.1) #013-002

L. Wolinsky: I am the project Attorney in the offices of Jacobowitz & Gubits in Walden, New York.

G. Lake: Do you want to give us a description of what you want to do?

L. Wolinsky: We're here tonight for the Board's initial review of a two hundred ninety five unit single family detached, age restricted project. Just to give you some background about this property. This property is located as you see on Cottage Street and it was the subject of a prior Planning Board approval in the early 90's for six hundred and twenty two units. That application was the subject of an Environmental Impact Statement. It received Preliminary Approval for the entire project and it received Final Approval for approximately a quarter of those units that were proposed at that time which were rental apartments. The property is 121.3 acres. Again, the proposal that we're coming forward with is two hundred and ninety five single family detached age restricted meaning fifty five years and older condominium development. It's permitted under the code. There will be so subsidies requested and that's why we refer to them as market rate. They anticipate selling in the range of between one hundred sixty to one hundred ninety thousand dollars.

J. Lanc: As was mentioned, the project is located on Cottage Street Extension next to the City of Middletown. It is on approximately one hundred twenty one acres. It has some easements because of wetlands. The wetlands are Army Corp. of Engineers and are protected wetlands and are designated in darker green color. The easement that exists on the property is existing power lines that extend to the other side of the property. There is also an existing sewer line and water line. Those belong to the Town of Wallkill. We have approached Orange & Rockland Utilities and have asked them if it would be possible to re-locate this easement because we were looking for providing a separation for each unit of this development from Cottage Street Extension. We were successful and we were able to re-locate the easement.
This is a two hundred ninety five units. They are detached units. They are about sixty five feet deep and about thirty seven to forty feet wide. They will be two bedroom units and the development is age restricted which would mean that at least one of the people who live in the units would have to be at least fifty five years of age. When people come in there are no driveways from the gravel road, that they come to a circle and this way they can split three ways so we don't have the continuing two hundred vehicles driving all the way through. We thought it would be safer. The road will be privately owned. The access drive is divided by a median with two lanes in and one lane out. The utilities are going to be Public Water from the Town of Wallkill. They will be connecting to the existing water line. Public Sewer will be connecting using three pump stations through the development to the existing sewer on the other side of the road. The electric will be supplied by Orange & Rockland. Gas would be Orange & Rockland also. We have calculated density for this development. We have come up with six hundred and nine units possible.


A. Dulgarian: Say that again.

J. Lanc: Six hundred and nine units possible

L. Wolinsky: Based on zoning.

J. Lanc: Based on density calculations.

A. Dulgarian: Did you include the wetlands?

J. Lanc: The wetlands are not listed in the zoning that it has to be counted.

L. Wolinsky: Even if he . . .

J. Lanc: I know it was a concern in Mr. McGoey's letter. If I calculate the wetlands also then we are allowed four hundred eighty units. I don't think that we need to discuss it whether it should be calculated nor not because we are designing only two hundred ninety five units.

L. Wolinsky: You may want to pick that up in your zoning code revisions because the word Awetland@ is not there right now.

J. Lanc: We are also providing a club house. We are providing a place for them for recreation and to relax. In addition to the club house, there will be an outdoor swimming pool and in indoor swimming pool so they can swim in the winter months. There will be an exercising center, tennis courts. We are providing several ponds to make the facility look nice. Some of them will double as detention basins.


R. Miller: I am one of the principal members. We're a family owned operated company. We're based out of Long Island. We've been developing in New York and New Jersey for about fifty years. We own and operate shopping centers and we build and own developments, condominium associations, single family housing developments as well as in recent years we have looked at the need of the aging of America which unfortunately most of us are getting up to the ages where fifty five is not out of the question. It seems that there is a tremendous need that is out there for people that want to stay in the community. They don't want a big house. They don't want to do the landscaping, the cutting of lawns any more. They don't want to have the maintenance of the snow but they want to stay in the community or near the community. They want to live in an area or in a zone where they have people their similar age and activities that can be sponsored. I think what we're trying to do is we're meeting some of those needs in some of the communities that we are going into. I think up in this area we will be a model community for the Town. I think there's a need in this area for this. I think it represents individuals that are going to own homes, paying the school taxes, county taxes, fire, community and everything. They will be using some of the services but they are certainly not going to be using the schools. It will be a strong ratable.
On Long Island we're working on a similar project It's larger in scope involving a golf course with twelve hundred homes. It is age restricted. It's gotten an incredible response to the community. We opened up a phase and we sold over six hundred homes in six months. There's just an overwhelming desire for people to move into these empty nesters or people who just don't want to be bothered anymore with owning a house.

A. Dulgarian: You said that's detached town homes but when you were talking about nine hole golf course would be too much of a burden on the condominium owners.

L. Wolinsky: We won't take up any more of your time,

R. Miller: You said that the attached town homes, when you were talking about a nine hole golf course being too much of a burden on condo owners.

R. Miller: I will have the Attorney address it. This is a condo association. These are not condos. It's a type of formed ownership.

L. Wolinsky: Is your question . . .

A. Dulgarian: My question right now is we will get to the Home Owners Association, is if these are detached obviously by the drawing?

L. Wolinsky: These are detached, single family detached owned as a condominium.

A. Dulgarian: If these are thirty feet wide, how much space is between them?

J. Lanc: About eighteen to twenty feet. The backyards we are providing at least fifty feet.

R. Miller: Which is standard, actually that's more than some communities.

G. Luenzmann: I was looking at a retirement community in Florida looking around some years ago and it was pretty much like that. It really looks nice.


J. Lanc: It is.

G. Luenzmann: There's one question I have. Are you going to put walking paths or bicycle paths?

J. Lanc: We were considering that but we kind of gave up on it. Is it really needed? People from the Home Owners Association can decide whether they would like to have that. We are providing walkways only for people to go around. We might add a couple more here.

A. Dulgarian: Are you going to show those on future drawings?

J. Lanc: Yes, that will be shown.

G. Luenzmann: One other thing. There should be two ways in and out. Has the Fire Department looked at this yet?

G. Lake: We're just in sketch right now.

J. Lanc: We have two lanes here at the entrance. In case of a disabled car, there is a way around. Also, emergency vehicles would be able to get through.

L. Wolinsky: Clearly we need to go over it with the Fire Department and work on that with them.

G. Luenzmann: I think it's a nice plan.

J. Lanc: We tried to provide room in the back of the homes. We started at fifty feet and went up from there. We are also providing a buffer.

G. Lake: We are going to have a work session on this also.

G. Monaco: The center around these homes, is there going to be a common area where people can congregate.

L. Wolinsky: Common areas.

J. Lanc: Everything the people will own is within the footprint of their house. That's all they are going to own.

L. Wolinsky: Actually they may not even own that much. They may just own the interior.

G. Lake: Dick, not much we can do on this?

D. McGoey: No.

G. Lake: This is just Preliminary Sketch to get us going. Should we have a work session on it?

D. McGoey: Yes.

L. Wolinsky: We started to prepare our Environmental Assessment Form any way. I think a work session would be a great idea and we can really dig into it then.

G. Lake: Okay.

L. Wolinsky: Do you know when that may be?

G. Lake: June 19th. Can you guys make it about 5:30 P.M.?

Tabled.


4. HERITAGE HILLS - 33 LOT SUBDIVISION - Lybolt Road (12-1-45) #030-001

L. Potter: I'm with Lanc & Tully Engineers. I'm here representing our client Heritage Hills. We were here at the last meeting for a Public Hearing and we have addressed most of the issues. We have received review comments from Mr. McGoey. This is for a thirty three lot subdivision, residential, detached, private well and septic, two roads thirty feet wide.

G. Lake: Dick's comments, let's go through those. Have you done anything with these?

L. Potter: Yes.

G. Lake: How about item #1 which is important.

L. Potter: We have submitted a formal response that was delivered to their office today.


G. Lake: Okay. Dick, you haven't had a chance to look at that?

D. McGoey: No.

G. Lake: Go on down.

L. Potter: I have a question. In regards to the buffer zone that you're requesting . . .

D. McGoey: Right.

L. Potter: We tried to contact the Cornell Cooperative Extension and we were unable to.

D. McGoey: I have I call in to them also.

L. Potter: Okay. You wouldn't know anything about this buffer?

D. McGoey: I don't. There was a concern raised during the Baum subdivision in light of the agricultural use of it being adjacent to the property.

L. Potter: Okay.

D. McGoey: Are there any active farms immediately adjacent to this?

L. Potter: No. One is the horse farm which is adjacent to it. The others are not active. In order to keep them in the Agricultural District they hay them but as far as dairy farms, there are none.

D. McGoey: We will try and get some answers.

L. Potter: I told Mr. McGoey earlier today that I had spoken with Mr. Patenaude regarding the light pole. There are that type within the Town as it stands now. Mr. Patenaude had no problem with them. He said he has no experience with them but the fact that there is a Lighting District, the Lighting District would be responsible for them.

G. Lake: Between now and the next time you come back, please get a letter from him.

L. Potter: Okay. In regards to the street light themselves, I'm waiting for information from Orange & Rockland.

G. Lake: Was that on how . . .

L. Potter: How far the light would spread.

G. Lake: Okay. I guess what we're not looking for is another Best Buy.

L. Potter: You're trying to keep the light down, exactly. We are still waiting for jurisdiction and I've also spoken with Mr. Patenaude regarding the gravel road. He asked that we put fabric underneath the gravel and we will have to go to the Health Department.

G. Lake: Right. I will now go back to the Board to see if they have any more questions.

A. Dulgarian: Lot #8 is that all going to be maintained by the owner, the wetland area?

L. Potter: Yes. You can't do anything with it and rather than, it's better to make it the responsibility of one person rather than several.

A. Dulgarian: No further subdivision on lot #8?

L. Potter: Right.

R. Carr: Nothing.

G. Luenzmann: No. I mentioned before, I like this project. It is nicely laid out. The only concern I have of which there is nothing you can do is the huge lot right here.

J. Lanc: That's all wetlands.

G. Monaco: The only concern I had was about the lighting. It looks like that is going to be resolved.

L. Potter: Right.

G. Lake: You need Preliminary Approval to keep moving?

L. Potter: Yes.



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

A. Dulgarian: Aye

R. Carr: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

5 AYES. Motion carried.

MOTION for PRELIMINARY APPROVAL made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

R. Carr: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

5 AYES. Motion carried.


5. MAZUR - 2 LOT SUBDIVISION - VanBurenville Road (22-1-43) #039-002


T. Ptak: I'm here representing John Mazur. We're here to request a two lot subdivision of about seven and a half acres located on VanBurenville Road. The two parcels I believe by the soils formula the lots should be about 1.4, 1.5 acres. The parent parcel was created in December 1980, which is one of Dick's comments. Basically Mr. Mazur is giving the second parcel to his daughter. The reason that it's subdivided in the manner that you see, they are retaining the one line, the division line follows the stone wall and that was done purposely so that they could own the stone wall and maintain it and re-build it.

G. Lake: I will go to the Board.

A. Dulgarian: I agree with what Mr. Ptak just said. Under normal circumstances I would like to see the lots differently but maintaining that stone wall is probably more important here. I have no problem with this project.

R. Carr: No problem.

G. Luenzmann: I have no problem.

G. Monaco: No problem at all. I like the idea that they are following the stone wall. It is unique.

T. Ptak: We have to get it reviewed by Eustance & Horowitz and the entrance approval by Mr. Patenaude.

MOTION for a NEGATIVE DECLARATION made by A. Dulgarian and seconded by G. Luenzmann.

A. Dulgarian: Aye

R. Carr: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

5 AYES. Motion carried.

MOTION for a TWO LOT SUBDIVISION subject to D. McGoey's comments made by A. Dulgarian and seconded by R. Carr.

A. Dulgarian: Aye

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