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TOWN OF WALLKILL PLANNING BOARD
MEETING
JULY 3, 2002


MEMBERS PRESENT:        G. Lake, R. Carr, A. Dulgarian, G. Luenzmann, P. Owen

MEMBERS ABSENT:          T. Hamilton, G. Monaco

OTHERS PRESENT:            G. Barone, D. McGoey

1.          INFORMATIONAL PUBLIC HEARING: AMENDMENTS TO ZONING DISTRICT

G. Lake: Informational Public Hearing started at 7:35 P.M.

D. McGoey: The zone changes were essentially made to the bulk tables in the RA, R-2, M-1 and PID districts.  In general, the Board is considering expanding the lot widths, lot depths, front yard, side year, rear yards increasing the lot areas in the zones.  For example, in the M-1 district the minimum lot size was formerly 20,000 square feet.  It will be increased to 40,000 square feet.  The same in the PID zone.  Lot widths in the R-2 district will be increased from ninety feet to one hundred fifty feet.  Lot depths from one hundred to two hundred feet.  Livable floor area in dwelling units from six hundred feet to one thousand square feet.  The lot areas under the soils formula which is soil based for lot sizes have essentially been doubled.  For example, in the group 1 soils from half an acre to an acre.  Group 2 soils from three quarters of an acre to one acre and a half.  What the Board is attempting to do is to consider larger lots, wider lots.

A. Green: What is it in RA?

D. McGoey: The RA district is soil based.  It went from forty thousand square feet to two acres.

G. Lake: We also sent this over to the new planner that the Town has hired.  We did get a response saying that at this time it looks like something he will be heading into soon.

A. Dulgarian: Is there any kind of a time table on the whole thing?

G. Lake: I believe it is going to be a two year process.  I believe right now they are gathering




all kinds of information.  It is a big job.

A. Green: The full project will be about two years.  What we are doing tonight, we would like implemented as soon as possible.

G. Lake: The Town Board does that.  We just make the recommendation.

A. Green: I understand that but I’m saying the whole procedure is not two years.

G. Lake: I will open it to the public now.  We are just making a recommendation to the Town Board.

A. Green: I just want to urge the Planning Board to work with the Town Board as they go through changes.   I think it’s important.  We need to keep the rural character of this Town as much as we can and we need to make some changes now so we can slow down a little bit.

G. Lake: As I said before, we have.  I just don’t think people realize it but we have been insisting on bigger lots right along.  In the bigger subdivisions, I know we haven’t even allowed less frontage.  We’ve been doing a lot of this already.

N. Hermann: You stated that the minimum lot parcel was one acre?

D. McGoey: Previously.

N. Hermann: I know subdivisions that were done in recent history that were allowed to be done on less than an acre per lot.

D. McGoey: They haven’t been legally then, I will tell you that.

N. Hermann: Again, the new change will fall under the bigger criteria.

D. McGoey: There are zones.  The R-1 district allows less than an acre.

N. Hermann: I’m talking RA.

D. McGoey: RA is to be not less than forty thousand square feet.

N. Hermann: 210 x 210 if you want to square it off.  I just want to make sure that the criteria  is followed to the letter.  It certainly hasn’t been done in the past.  I would like to make sure it is done now.

A. Dulgarian: The applicant who ever it would be, can still seek relief from the Zoning, correct?

G. Barone: They can go to the Zoning Board of Appeals, petition for an area variance.

G. Lake: Anybody else?

MOTION to close the INFORMATIONAL PUBLIC HEARING at 7:41 P.M. made by G. Lake and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

5 AYES.

A. Dulgarian: No.

P. Owen: The only thing is the projects that are coming in before us, we’ve really have not been sending out.  A lot of times what we end of doing is making the applicant decrease the amount of lots so that they would have larger lots.  As far as doing that, that’s part of our discretion.  I just don’t really like the idea of taking away the discretion from this Board.

D. McGoey: Just let me add to that.  It’s not necessarily at our discretion.  It has happened because of our insistence but I think as Mr. Barone will be able to tell you that if the ordinance says you have a one hundred foot lot width, we would be hard pressed if the applicant chooses not to go with two hundred foot lot width.  We’ve been successful because we’ve found reasons why with the character of the neighborhood, etc.

P. Owen: It’s part of our. . .

D. McGoey: To have it stated in the ordinance gives you the power to require it and not just ask for it.

P. Owen: Then, we’re hard pressed if there is an application before us that doesn’t necessarily meet.

D. McGoey: Then they would have to go to the Zoning Board of Appeals.

R. Carr: I would say generally I favor the increasing in the zoning requirements.  At the same time I think we have to recognize the interests of the property owners.  My other concern is, I agree with you about slowing or at least leaving the rural character.  I feel that some sort of planning with clustering where you can have a development which doesn’t impact as much on the country roads that we all enjoy.

G. Luenzmann: I agree with the goal to make sure that we continue the rural character of our area.  It shall be noted that all the communities or most of the communities that I’m aware of are doing the same thing.  If we go to one acre, that’s not very much compared to what our communities are doing.  I think the biggest problem we have in Orange County is sprawl, more than jobs, more than transportation, it’s sprawl.  We have to as Planning Boards think about what this is going to look like twenty or forty years from now.  Is it going to be a livable place?  Is it going to be some place that we’re going to enjoy or is it just going to be a congested traffic jam.  Actually what I think this recommendation is attempting to do is to set a higher threshold for lot sizes.  The Town Board will have to come up clustering and uses in certain zones. I think this is the first step.

G. Lake: My colleagues have hit it on the head.  I have a lady on my road who banked the land for her retirement.  I know something like this, if she didn’t already subdivide it she would be hurt pretty much.  I’m just glad to see the planner said that this is something that he will continue to look at as it goes through. 

MOTION to make recommendation to Town Board to approve amendments to zoning districts made by A. Dulgarian and seconded by R. Carr.

A. Dulgarian: Aye

P. Owen: Abstained

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

4 AYES, 1 ABSTENTION.

A. Dulgarian: I agree with the intent of what we are looking to accomplish here but I hope that, if you have a thirty six acre parcel, fine.  If we have pre-existing lots, I hope that zone planning would take into consideration that this is a pre-existing lot prior to the new zoning.

This poor man who has owned that property all of a sudden needs to seek relief, granted he can go to the Zoning Board of Appeals but I hope that’s what is going to be expected.

D. McGoey: There are provisions in the ordinance that allows development on pre-existing, non-conforming lots.

A. Dulgarian: That was my big issue.  I don’t mind if someone has a thirty six acre parcel where he can do eighteen homes instead of twenty four, that’s great.

G. Lake: I agree with you.

A. Dulgarian: I hope that it will be passed on.

G. Lake: I think we will also draft a letter to the Town Board.

2.          PUBLIC HEARING 7:35 P.M. - MAPLES FARM - SITE PLAN/SPECIAL USE PERMIT - Route 17M (36-2-10) #026-002

G. Lake: Public Hearing started at 7:50 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 3rd day of July, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Dan Keller, Maples Farm Route 17M, Middletown, New York for approval of storage building, bulk yard expansion and shed sales, expansion at Maples Farms, Route 27M, Maples Road under Section 249-39 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

M. Fellenzer: I’m a principal in Fellenzer Engineering in Middletown.  This Public Hearing is for Maples Farms on the corner of Maples Road and Route 17M.  We’re here for the purpose of expanding the bulk yard, expanding the shed sales area, and the construction of a storage building on the property.

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

A. Dulgarian: Not until after the Public Hearing.

P. Owen: I will wait.

R. Carr: I will wait.

G. Luenzmann: I will wait.

G. Lake: Is there much left to do?

M. Fellenzer: Yes.  In terms of our discussions?

G. Lake: In terms of what needs to be done?  I will go to the Public at this time.

J. Ingrassia: I own the house on the property right along side Maples Garden Center.  I’m not here to fight against what he wants to do but what I’m here to bring to the attention of the public, there’s a big parking problem there.  I can’t get out of my driveway half the time.  I have a daughter and a granddaughter who lives there and I’ve almost gotten hit two or three times.  They park right on Route 17M.

R. Carr: Where are you?

J. Ingrassia: I’m right on Route 17M, right along side him.  I’ve spoken to the State.  I’ve spoken to the Town.  One passes me off to the other on the parking situation there.  Like I say, I’m not against what they want to do but something should be done with the parking situation.  It’s very dangerous.

G. Lake: We’ve had this discussion a couple of times already with our Engineer.  We are going to hit on it again tonight.  We are aware of that.

J. Ingrassia: I’m not against anything else except for the fact of that parking and no one has ever tried to address it with me.  It’s just not right.  Somebody is going to get hurt pretty bad there one of these days.

MOTION to close this PUBLIC HEARING at 7:55 P.M. made by A. Dulgarian and seconded by R. Carr.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried.  5 AYES

G. Lake: Do you have Dick’s comments?

M. Fellenzer: Yes.

G. Lake: Do you want to go through them?

M. Fellenzer: Yes.  In terms of the future building that we had discussed at one time to be requested to be put on the plan but we talked about taking it off.  I had further discussions with Dan.  He’s thinking that it may happen next summer.  On that basis, it was too late to have another meeting with Dick regarding it but we left it on in that it would probably be within the one year period from the potential approval of the work.  It is better than having to come back again in six or seven months with it back on the plan.  He would rather have it on the approved site plan.  That addresses one of the comments.

D. McGoey: Why don’t we have the details for that building?

M. Fellenzer: They need to be added.  You’re correct.  This happened kind of late in the process so there wasn’t time in order to get it on the plans.  That work still has to be done.  The details for the handicap parking.  We want to talk about parking entirely on the site and paving limits.  Those are kind of the open items.

G. Lake: How about item #1, the equipment rental sales.

M. Fellenzer: Yes.  I don’t believe any more of them have been often displayed out there in terms of rental but we can add to the plan and dedicate an area and establish a criteria for it. Again, I’m a little confused as far as the square footage and going to the zoning on how we are going to do that in terms of working with the existing zoning.  I do need to set up a work session with the Town Engineer to go through how that would be established and what square footage we would use for the number of parking spaces.  In terms of the paving issue and the sales area.  The owner of the property has chosen not to go to the Zoning Board of Appeals and to maintain the existing setback lines for the shed sales area.  In terms of the paving, I asked him to come.  He has a great concern about doing a lot of paving in the bulk storage area because of the type of equipment that’s moving.  Typically, it’s probably an area that the parking regulations probably don’t quite match what’s done there.  Typically small dump trucks are coming in.  He has great concern about chewing up any of the paving that’s done there.  He would like to offer additional paving and improvements of the parking area more up where the main store is and really where the gentleman discussed as a problem.  He thinks it’s more appropriate that the paving be done in the areas where he has high traffic versus an area where he has actually very little consumer parking going in.  We’re open for suggestions, discussions on it.  I know that you are very clear what your zoning is and then was very clear to him that a certain sized parking lot requires paving.  This may be a discussion about the location of all these additional parking spaces that are being developed. Maybe there is a more appropriate location on site that they could be put to.

G. Lake: It’s not the Planning Board’s job to design the site.

M. Fellenzer: I understand that.

G. Lake: Let’s face it, he has an awful lot crammed in.

M. Fellenzer: We divided up the site based on some different zoning areas.

G. Lake: How many people are going to park in the bulk storage area?

M. Fellenzer: That’s what I am saying and that’s why I would like to discuss it is that the bulk storage is in the . . .

G. Lake: I think and it’s only me right now, I will talk to the Board in a minute, but I think the last time you were here we did talk about the parking and some of the events that he has.

He just draws thousands of people.  He just packs them in.

M. Fellenzer: I guess one of things in terms of and maybe it’s not appropriate in front of the Board but maybe it’s more appropriate with the Town Engineer but in the PID district, we broken the site up because it falls in two districts.  The HC and the PID.  Since the bulk storage is in the PID and it’s a permitted use in the PID the amount of parking follows the outdoor sales and storage area requirements of the Town.  I guess I would be asking the Board’s opinion if we feel that’s its more appropriate that most of those slots or many slots be allocated more closer to where most of the people traffic is, whether it’s a problem on a site to have that parking or some of it re-oriented to a different district on the same parcel.

G. Lake: You decide to pick the areas between the two zones.  This Board does not have the power.  You can seek relief from the Zoning Board on that.  I don’t think this Board can do that.

M. Fellenzer: Does it matter where it’s located?

D. McGoey: No, it doesn’t.

M. Fellenzer: So if I have the bulk yard requirements for parking located up near the main building which is where I think more of the parking issues are in terms of problems.  I believe that is what we are talking about and I would hate to see a situation here where we meet the letter of the law but maybe not the intent.  I would be happy to resubmit a parking plan to the Town Engineer in a work session, a parking plan that I think more closely represents the demand the local consumer puts on the site.  We can certainly have a couple of alternatives and look at to try and solve that problem.  That may also solve Dan’s concern about paving because it may make less slots in one area and more in another.

G. Lake: I think what Dan has to accept is that there has to be some kind of a traffic flow through there.

M. Fellenzer: I agree.

G. Lake: If it means stepping down and taking some of the traffic off of Route 17M.  I think at some point he’s going to have to address it.  Let me go through the Board.  I think we have already decided that you need another work session.

M. Fellenzer: Absolutely.

A. Dulgarian: I will reiterate that the plan is very inadequate.  When we’re looking at that parking up front should we be able to locate it somewhere else on the property or should the applicant be able to locate it somewhere else on the property.  I think that it’s very important that signage be included for the people who have been used to parking across the street, in front.  I think the parking spots should be marked with signage leading directly to the parking spots.  We have parking for this site across North Street on the other side of those storage sheds, correct?

G. Lake: They park there but it’s not part of this plan.

A. Dulgarian: I know that.

G. Lake: I don’t even know if he owns that property.

M. Fellenzer: He does not.

A. Dulgarian: We probably should address that also with signage.  Same way with the other side of Maples Road.  He needs to really address the safety issues.  Back in the bulk storage area.  We’re talking strictly landscaping type, not salt or anything like that, correct?

M. Fellenzer: No.  It’s typically different kinds of stones, some stone wall materials .  It’s typically things that homeowners are not picking up in the truck of their cars.

A. Dulgarian: Does he intend to change his hours of operation when he has bulk trucks in the back?  My only concern is maybe a landscaper starts at five in the morning and he’s going to be running equipment and loading stuff, there’s some houses there.  I would just be concerned about the hours of operations.  The only other thing is and I know Dick reviewed it, that the lighting doesn’t affect any of the neighbors.

D. McGoey: Right.

P. Owen: My main concern is the parking issue and it’s got to be addressed.

R. Carr: Likewise, the parking.  I just want to understand, is all of the paving being paved?

M. Fellenzer: It’s really for discussion tonight.  He obviously wanted to direct most of the paving, the requirements that he has more toward the area of the store.  I think that’s why we want to discuss that.

R. Carr: This is for our Attorney.  The way the regulations read, parking over twenty has to be paved.  Can you have ten here and fifteen here?

G. Barone: Correct.

R. Carr: That would be just a zoning issue.  Any of the parking has to be paved.

D. McGoey: All of it.

R. Carr: Yes.  All of it has to be paved.  That’s a main issue.

G. Luenzmann: I think the whole problem is a parking issue.  I think there should be some goals to not park on the road. There should be plenty of off-road access.  If you look at the parking right here, it wouldn’t take long to fill it up and then people would be forced to park on the road.  If you need more parking then you probably need parking all up and down instead of just in these spots.  It’s definitely a parking issue.

A. Dulgarian: I just remembered with another applicant, I believe it was a church, we required them to blacktop a certain amount of parking spaces.  Then when they had a special function, we let them have a parking area that was just designated for overflow.  It was just a nice flat area.  It did not have to be blacktopped.  That may be something this applicant should look at because three hundred fifty days of the year this may be fine but for ten days of the year he may need overflow parking somewhere and I don’t think he should have to pave that.  I know we have done that with other applicants.

M. Fellenzer: It’s only the required parking.  The required number of spots would be paved.  It would show additional slots beyond the required.

MOTION to TABLE this application for another work session with applicant waiving time frame made by G. Luenzmann and seconded by A. Dulgarian.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried.  5 AYES

3.          PUBLIC HEARING 7:40 P.M. - ANDRIES - 4 LOT SUBDIVISION - Highland Lake Road (64-1-47.321) #023-002

G. Lake: Public Hearing started at 8:12 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 3rd day of July, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Vladamir Andries, Highland Lake Road, for approval of a four lot subdivision at Highland Lake Road, one half mile north of Mount Hope Road 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

M. Fellenzer: I’m a principal in Fellenzer Engineering.  We’re here tonight to discuss the Andries four lot subdivision.

G. Lake: Do you want to just give us a brief discussion?

M. Fellenzer: Sure.  Following our last meeting, we had discussion regarding the Watson configurations on the property.  After discussion, I think we came to a configuration or suggested configuration that everyone might be able to review and possibly agree upon.  Basically it is two hundred feet of frontage on Highland Lake Road with the third lot being located in a flag configuration.  We’ve produced that plan for discussion.  I have received Mr. McGoey’s comments and concur with them.  The reason we didn’t develop it a lot further is we wanted to make sure that the configuration itself is what we had talked about and give you an opportunity to look at that.

G. Lake: I think you are one hundred percent right on that.  We wanted to open up the frontage.  Before I go to the Public, I will go through the Board.

A. Dulgarian: You know how I feel about flag lots but I’ve seen worse.

P. Owen: I like the new configuration a lot better.

R. Carr: I have no problem with the flag lots.

G. Luenzmann: I have no problem with flag lots and the configuration looks fine to me.

G. Lake: I don’t have a problem with the flag lot.  As a matter of fact, it will probably be the first lot sold.

MOTION to close the PUBLIC HEARING at 8:16 P.M. made by A. Dulgarian and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried.  5 AYES

MOTION to TABLE this application with applicant waiving time frame made by R. Carr and seconded by G. Luenzmann.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried.  5 AYES

4.          PETRAKIS - 2 LOT SUBDIVISION - Dosen Road (14-1-18.2) #049-002

K. Petrakis: I am proposing a two lot subdivision on Dosen Road.  I want to make a home for my sister and a home for myself on this property.  It’s roughly fourteen acres divided into two.  One conforming lot and one flag lot.  It is a reasonable size and a nice property.  We’re only looking for the two homes.

G. Lake: Did you get a copy of all the comments Dick made?

K. Petrakis: Yes.  From a work session I had some comments and then we’ve had some additional comments on the 27th that I also received however, I didn’t have much time to do anything on the paper work for that. I did speak to him briefly about it and I am willing to address any concerns and certainly conform to any standards that need to be done.

D. McGoey: The big issue is the site distance on the driveway.  I went out there today and it is a problem.  I’m not sure how it can be solved without cutting down the road.  There’s a rise in the road right in front of the adjoining dwelling unit which limits the site distance in that direction.

R. Carr: Is that correct?

D. McGoey: It probably is.

K. Petrakis: One is two fifty and one is two eighty.

D. McGoey: This driveway isn’t so bad.  As a matter of fact, if you can push both the driveways down here on this side I wouldn’t have so much of a problem.

R. Carr: Why would you put or consider putting this house here further back?

K. Petrakis: These are just figures that the Engineer proposed that you would like.  In other words, I initially wanted both driveways down by this other end.  However, she said that wouldn’t look as good on paper as this does with the small lot being up front.  In other words, I wanted the small lot to be on the other side of that and both driveways coming in on the other end.  She suggested that this would aesthetically be much more pleasing and conform to the lots that are already in place there.

R. Carr: Personally I feel that squeezes in.  You have all that property and you squeeze that house between the two existing.  You’ve got all this over here.  To me it is squeezed between the two houses right on that end. 

K. Petrakis: That would probably fit it very nicely with the other homes going along the road and the homes will be up, visible and parallel with the road side and will probably blend in actually pretty nice.  It’s going to fit in between two nice homes.

G. Lake: Dick, did you have a work session with him?

D. McGoey: Yes, we had a work session.

K. Petrakis: We think if we keep one home right there it’s going to blend right in with the line of homes down the road.  I don’t know if you’re familiar with that but there’s actually a ton of homes all along in front of this area and some of them are very close to the road and very close to other properties.  Actually that lot is probably the biggest other lot in those adjoining properties.  It’s three times the required size.

G. Lake: Let me go through the Board.

A. Dulgarian: I think there is a better way to do this.  I’m not sure what it is but it does look a little cramped to me.  I not just saying that because of the flag lot.  There’s a lot of room here.

G. Lake: Do you know if your architect or surveyor just put this on here to show that it would fit or is that the applicable placement of the house?

K. Petrakis: That’s where that home would be located.  The soils back behind this other area are not very favorable.  The soils in this other area are very favorable but once you start making that lot, it changes everything.

P. Owen: I’m going to agree with Mr. Dulgarian.  I think there’s got to be a better way of doing this proposal.

R. Carr: I have nothing else.

G. Luenzmann: I just had a question for Dick.  Did you look at this?  You had a concern about the site distance?

D. McGoey: Yes.

G. Luenzmann: Did you have any idea what could be done to alleviate that?

D. McGoey: The only thing I can see is if you could move the driveways together where the driveway for lot #1 is and maximize the site distance.  It’s still not great.

G. Luenzmann: You would have to re-design.

D. McGoey: The lot layout would have to be re-designed.

G. Luenzmann: That does seem like it would solve the problem.

D. McGoey: It would help.

G. Luenzmann: My answer is that I have a concern about the site distance.

K. Petrakis: I do want to point out that the minimum required site distance for that is two hundred thirty five feet and I have two hundred fifty.  I’m in excess of the required site distance already.  I have that documented on the paper work as per the engineer’s request.

D. McGoey:   That is not based on the prevailing speed.

K. Petrakis: Not on prevailing speed but on the posted speed limit and I’m in excess of the posted speed limit not to mention the fact that there are other driveways all across from and around.

D. McGoey: Those driveways don’t have the site distance problems that this driveway does.

G. Lake: Personally if the guy wants to put his house there, that’s up to him.  That doesn’t bother me one way or the other.  The driveway issue that our engineer is trying to help you here as far as avoiding any headaches down the road, I think what he is asking you to do and I think the Board is going to ask you to do is just look and see if they can swing that and have a common driveway.  Am I correct on that, Dick?

D. McGoey: Yes, that’s essentially right.

G. Lake: Then all you would have to do is to give an easement.  Correct Mr. Barone?

G. Barone: That is correct.

G. Lake: Give the easement so that whoever owns the house today or five years down the road, they will have the right to cross and get on to their property.

A. Dulgarian: Do you understand what he’s saying?

K. Petrakis: Not entirely, no.  The common driveway should probably be a proposed property line in which case it would just worsen the other person’s situation.

G. Lake: Has Dan Patenaude seen this from the Department of Public Works?

D. McGoey: He hasn’t given me his comments.

K. Petrakis: Like I say, I want to do what’s the best thing because obviously I’m going to have to live here.  When we looked at splitting it up other ways, there’s not too many ways to split this piece up unless you go with a road in here and then build four or five homes.

D. McGoey: Set up another work session and bring your surveyor in and we will see what can be done.

G. Lake: It probably is best that you have one more work session.

K. Petrakis: I spoke to her today on the site distance and as Mr. McGoey said, there’s not too much you can do about it because the rise in the roadway itself.  It’s not like we can clear shrubbery or anything like that.

D. McGoey: I am saying move the driveway may help.

G. Lake: At the work session, he looks at the engineering. I don’t think the Board has any other problems with this.

TABLED.  Applicant to schedule another work session.

5.          PUBLIC HEARING 7:45 P.M. - SOUTAR - TWO FAMILY - SITE PLAN/SPECIAL USE PERMIT - Goshen Turnpike (101-1-33) #024-002

G. Lake: Public Hearing started at 8:28 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 3rd day of July, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Dean Soutar, 75 Susan Lane, Circleville, New York for approval of site plan and special use permit for a two-family home located on the east side of Goshen Turnpike and Scotchtown Place, Tax Map Parcel Section 101, Block 1, Lot 22, under Section 82-37 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

T. DePuy: I am with DePuy Engineering.  This was part of an original three lot subdivision that we were granted in 1998 and at that time we were also granted Special Use Permits on all three lots.  Since that time the Special Use Permit had expired on all three.  We’re basically only looking to get the Special Use Permit re-enacted on what was called lot #3.  We are proposing a two-family house.  It is right across from Scotchtown Place.  The driveway will access on to Goshen Turnpike and we will obtain our sewer and water from the street.  At the time of the subdivision the driveway that had encroached from the adjacent property of which we had granted an easement.  That’s still intact.  That was filed when we filed the original map.  We meet all the setback requirements, area requirements.  It has also been reviewed by Orange County Department of Public Works.  They have two or three comments and we have resubmitted it to them.

G. Lake: I will go to the Board.

A. Dulgarian: As long as Dick is happy I don’t have any problems with the Site Plan.  Two-family is not going to change the characteristic.  It’s in conformity with what’s there.

P. Owen: Nothing.

R. Carr: I agree with Mr. Dulgarian.

G. Luenzmann: No comments.

MOTION to close this PUBLIC HEARING at 8:32 P.M. made by A. Dulgarian and seconded by R. Carr.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried.  5 AYES

MOTION for a NEGATIVE DECLARATION made by A. Dulgarian and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried.  5 AYES

MOTION for SITE PLAN/SPECIAL USE PERMIT for TWO-FAMILY made by A. Dulgarian and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried.  5 AYES