TOWN
OF WALLKILL PLANNING BOARD
MEETING
SEPTEMBER
4, 2002
MEMBERS
PRESENT: G. Lake, A. Dulgarian, R. Carr, T. Hamilton, G. Monaco,
P. Owen
MEMBERS
ABSENT: G. Luenzmann
OTHERS
PRESENT: G. Barone, D. McGoey
1. PUBLIC HEARING 7:30 P.M. - GURDA - 5 LOT SUBDIVISION - Bowser
Road (36-1-2.2, 3) #027-002
Public
Hearing started at 7:32 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 4th day of September 2002 at 7:30 P.M. or as soon thereafter
as the matter can be heard that day on the application of Michael
Gurda, 41 Dolson Avenue, Middletown, New York for approval of
a five lot subdivision at the intersection of Bowser Road and
VanBurenville under Section 249 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
K.
Rother: The application before the Board this evening is for a
five lot subdivision of a two tax map parcels of approximately
sixty three acres. The parcels are situated on the north side
of Bowser Road with frontage on and west of VanBurenville Road.
The proposal here is four residential building lots situated in
the southeast portion of the property. They will vary is size
from 2.1 acres to approximately 5.7 acres. The largest tract is
approximately fifteen acres. The four build able lots will be
served by wells and septics.
G.
Lake: I will go through the Board before I go to the Public?
P.
Owen: I have no comments.
R.
Carr: Not now.
G.
Monaco: None.
T. Hamilton: None right now.
G.
Lake: I will now open the meeting to the Public.
K.
Eppenbach: I’m here to ask that a full development of this
piece of property be presented to this Board prior to your approving
the subdivision due to the fact that there are certain things
that have happened with the subdivision that Mr. Gurda had on
what was formerly known as Section 36, Block 1, Lot 92 which was
initially a three lot subdivision known as the Pine Hill Farm
subdivision done in 1998 and then further subdivided into a nine
lot subdivision on 2001 and was approved by this Planning Board.
As a result we now have a commercial structure on one of the lots
that is in that subdivision which is zoned RA. The other thing
is . . .
G.
Lake: Wait a minute, I have to ask you something. You say that
there’s a commercial structure?
K.
Eppenbach: Yes, right across the street on one of the lots that
Mr. Gurda had subdivided in the Pine Hill Farm.
R.
Carr: Is that a barn?
K.
Eppenbach: Yes, a big metal structure. It was a pole type using
metal frames instead of wood. It’s like a regular commercial
garage.
D.
McGoey: What does he use it for?
K.
Eppenbach: I have no idea. They’re still working on it.
Right now, apparently it’s vacant.
G.
Lake: The only thing I would say about that because it’s
vacant yet and my next question was and Dick beat me to it and
that was what was it for? I think they would have to get a Building
Permit through the building department. We wouldn’t necessarily
see that.
K.
Eppenbach: It’s like this.
G.
Lake: All I’m saying is that you might want to follow up
after you leave here to go down to the Building Department and
see what it’s going to be used for.
K.
Eppenbach: Okay. Let me refresh your memory.
G.
Lake: Finish your comments and then we will go through it later.
I was just curious about that.
K.
Eppenbach: The next thing is there’s a hydrant at the intersection
of Ingrassia and VanBurenville. These lots are proposed for individual
wells and septics. Why can’t they be hooked into the Town
of Wallkill water line? That’s another comment that I have
because we have in that area a little problem with the water and
wells. If nothing else, please have all the wells drilled and
draw down tests be done. The other thing is Kirk said that he’s
got two lots that he is actually subdividing however a portion
of what used to be Section 36, Block 1, Lot 92 is on the front
part of several of those lots and it seems to run at an angle
from VanBurenville back towards Bowser Road. I believe according
to the tax map it’s one hundred sixty feet along VanBurenville
to the angle point and then it goes back along Bowser Road six
hundred and thirty feet.
G.
Lake: Are you talking this subdivision or the other subdivision?
K.
Eppenbach: This subdivision right here. This little sliver of
land right here. That is part of this or was part of that.
G.
Lake: The road makes a natural.
K.
Eppenbach: Okay, but that’s still a lot line.
G.
Lake: Do you want to leave this with us or are you going to take
it?
K.
Eppenbach: I will leave it with you.
G.
Lake: Dick, please come and take a look at this. Have you seen
this?
D.
McGoey: No.
G.
Lake: Do you have anything else?
K.
Eppenbach: Yes. Lot #5 doesn’t have any kind of structure
shown or anything with regards to the build ability of that lot
and one of the main reasons for that would be because it has MD25
on it.
G. Lake: Anything else?
K.
Eppenbach: I just would like to have all these comments addressed
before you approve the subdivision.
G.
Lake: Okay. Let me continue and we will finish up and we will
have an answer when we are done.
K.
Eppenbach: Gary, one of the reasons why I want to do this to get
all these things taken care of before this subdivision is approved
is because of the subdivision that was approved adjoining me also
in 1998 and that was the subdivision of a lot that contains a
three-family dwelling unit.
G.
Lake: I don’t remember doing that. I don’t know if
it’s legal or not legal. If there is a three-family unit
that is not legal to your knowledge, call into the Code Enforcer.
K.
Eppenbach: I brought this up to you in 1998 or 1997 when you were
sitting on the Planning Board and Dr. Levy.
G.
Lake: What I am saying if you know it is an illegal residence
this Board isn’t the one to handle it. It is in the Building
Department.
K.
Eppenbach: Yes.
G.
Lake: That is where you should be phoning to and not us.
K.
Eppenbach: The last time I asked, the guy was before you for a
subdivision. Now you have that occur and I asked you to check
this out, the Planning Board that is, and at that time the hearing
was tabled. Today on one of the four lots we have a car service
station or a repair station on the same piece of property that
was approved by this Planning Board back then. That’s all
I have to say.
G.
Lake: That is not for this Board.
K.
Eppenbach: I realize this but this is why I’m asking that
all these things should be taken care of.
G.
Lake: What I’m trying to state to you is we are the wrong
guys. I am just trying to direct you now where to go if this does
exist and that is the Code Enforcer and the Building Department.
Trust me, Mr. Steenrod will more than be willing to go out and
take a look. That’s a phone call to the Town Hall. I know
that you don’t like that answer but you are talking to the
wrong people when you talk about what’s happening on somebody
else’s property.
K.
Eppenbach: Gary, Dr. Levy was the Chairman at that time. You were
a Board Member sitting on this side over here. I can come before
you and ask you not to allow the subdivision to occur because
you have something illegal going on with the subdivision. All
I’m asking is that the sub-divider present a full blown
plan showing the future development of lot #5 or the remaining
lands thereof and that you test for sufficient water in that area.
That’s what I am asking.
G.
Lake: Okay.
K.
Eppenbach: Because the last couple of times I have been before
this Board to protest and ask for some reasonable answers , I
got nothing. That’s all I’m asking for.
G.
Lake: Okay. Does anybody else have any comments? Do you want to
answer these right now?
K.
Rother: Sure.
G.
Lake: Come on up.
K.
Rother: With regards to that lot #3 with the metal structure if
it’s the lot I believe Mr. Eppenbach is talking about.
G.
Lake: Are you talking about this subdivision or the one we did
earlier.
K.
Rother: I think it is across the street. It was done by Mr. Ferris.
The application is actually before you tonight also for a lot
line change on another application. That is a single family residential
building lot owned by Miles Anthony who is a State Trooper. All
he did was put up a metal garage. He has a Building Permit for
it. With regard to the out parcel that’s . . .
G.
Lake: Did he have to go the Town Board to get that permission?
K.
Rother: He went to the Building Department and received his permit.
G.
Lake: About putting up an accessory building before the main building?
K.
Rother: I believe so.
G.
Lake: I think he did.
K.
Rother: With regard to the out parcel that was mentioned if you
look at sheet #2 of the plan at the intersection of VanBurenville
and Bowser Road you will see a stone wall. Both this property
and this subdivision and the property across the street have old
deeds that generally follow stone walls. When Mr. Ferris did the
subdivision across the street, he created a new boundary line
to follow the existing center line of Bowser Road and the little
sliver that is in the corner was granted to this parcel. That
is not an existing tax parcel right now. It was actually a portion
of the tax parcel across the street four years ago.
G.
Lake: As far as getting water from the Town, it is outside of
the water and sewer district and I doubt if they would extend
it up that far. Dick, when this goes down to the Health Department,
he will have to drill wells?
D.
McGoey: This doesn’t go the Health Department. This would
go to Eustance & Horowitz for their review.
G.
Lake: Anything else at this point?
MOTION
to close this Public Hearing at 7:41 P.M. made by P. Owen and
seconded by T. Hamilton.
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
T.
Hamilton: Aye
G.
Lake: Aye
Motion carried. 5 AYES
P. Owen: I would like to know about lot #5.
K.
Rother: Right now lot #5 is approximately fifty acres. I can ask
at a work shop if the (not audible) that we show an area for a
well and septic. Given the size of the parcel we didn’t
think it was appropriate at the time. There are no plans for it
right now. Mr. Gurda’s son actually may build his house
on it eventually. Since it is a fifty acre parcel it should be
adequate to stand on its own. It says on the plan the remaining
lands not for residential use at this time.
G.
Lake: Dick, we’ve done that with large parcels before?
D.
McGoey: Generally when there is lots of road frontage, we consider
it not a building lot. There are soils on that lot that appear
would support septic systems. Sometimes we ask for deep hole percolation
test. We didn’t in this case. If you want to ask for a deep
hole percolation test to prove build ability, that’s fine.
G.
Lake: We were going to do it any way, right? Why don’t you
do that? You’re going to be doing it on the other ones,
any way.
K.
Rother: We’re going to be doing it with Eustance & Horowitz?
G.
Lake: Right.
K.
Rother: We will certainly do it with them.
P.
Owen: I have nothing.
R.
Carr: Not at this time.
G.
Monaco: Nothing.
T.
Hamilton: What happened with the site distance, Dick?
D.
McGoey: They show a note and they show a grading plan for site
distance. Dan Patenaude raised a question about the prevailing
speed however which you should answer between now and final approval.
He has done speed estimates out there at forty eight miles per
hour. He wants you to verify it to show the site distances.
G.
Lake: Do you have a problem with any of those?
K.
Rother: No.
G.
Lake: I will go through the Board one more time.
P.
Owen: Nothing.
R.
Carr: Nothing.
G.
Monaco: Nothing.
T.
Hamilton: Nothing.
MOTION
for a Negative Declaration made by P. Owen and seconded by G.
Monaco.
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
MOTION
for PRELIMINARY APPROVAL subject to all comments made by P. Owen
and seconded by G. Monaco.
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G. Lake: Aye
Motion
carried. 5 AYES
2. GURDA/ANTHONY - LOT LINE CHANGE - VanBurenville/Bowser Roads
(36-1-95, 97) #064-002
K.
Rother: I am representing Mr. Gurda. This is the application I
mentioned the lands of Miles Anthony on lot #3. I believe it is
the lot that was discussed earlier. We are offering a conveyance
from approximately 23.4 acres from the existing filed lot #5 to
filed lot #3. There is a note on the prior subdivision that says
there is to be no further subdivision of either lot. Again as
I had mentioned Mr. Anthony has a son. He just wanted the land
for his son.
G.
Lake: I will go through the Board.
P.
Owen: Not right now.
G.
Lake: All you are going to do is move this one line and make this
one big lot.
K.
Rother: Right. We’re deleting one line and adding to the
new lines follow the existing stone walls.
T.
Hamilton: This lot #3, is this the one you were talking about
the garage on the site?
K.
Rother: Right. I believe it is the one.
T.
Hamilton: It doesn’t show here though.
K.
Rother: No. The survey was done before the garage was built. The
structure that was discussed has to have built during the past
month.
G.
Lake: You can add that between now and final?
K.
Rother: Sure
R.
Carr: Are you going to note on here that this lot is not to be
further subdivided?
K. Rother: We can. I realized that it wasn’t on there.
G.
Monaco: Nothing.
T.
Hamilton: Nothing.
G.
Lake: Do you have any problems with any of Dick’s comments?
K.
Rother: I haven’t seen the latest ones.
D.
McGoey: No further subdivision. We recommended that the wet area
on lot #5 be shown on the lot line change and to use the appropriate
Town designation. I think you should show that barn, also.
K.
Rother: Okay.
T.
Hamilton: Or the garage if that is what it is.
D.
McGoey: It is more than a garage I think. It’s big.
K.
Rother: The intent is for a garage.
D.
McGoey: Can we have a note stating that the garage will be used
for residential purposes only?
G.
Lake: You don’t have any problem doing that, do you?
