A. Jasko: We had a drawing for the parking lot.

D. McGoey: He showed the existing conditions.

A. Dulgarian: I’m just asking because my plans disappeared from the last time.

T. Hamilton: So, the cars are only going to park in front of the building? They’re not going to be directed to the back through the side?

D. McGoey: That was part of the previous approval where they had overflow parking in the grass area. That goes away.

T. Hamilton: Right now, he’s directing everyone behind the building.

G. Lake: It also sounds like they’ve added another use.

A. Jasko: We are using the grass for the overflow. The only reason we were directing them that way was because the first couple of weeks we were open there was such a line of traffic out on Route 211 and we wanted to avoid any accidents. We wanted to get them in, get them through and then they could come back around and park in the parking lot.

G. Lake: Why don’t we do it subject to and make a new map.

D. McGoey: What do you want them to show on the new map?

G. Lake: Obviously they have a drive through that isn’t on this map right now.

A. Dulgarian: What are we looking at, just the area for overflow parking? It doesn’t have to be lined.

G. Lake: It’s this drive through or what ever it is and it’s the first we’ve seen. I don’t think it’s a big deal. I think it’s something we can check at a work session if the Board wants to so they don’t have to come back. Dick, what do you think?

D. McGoey: I think we need a modified map showing the handicap spaces, etc.

G. Lake: Is the Board satisfied doing a subject to?

A. Dulgarian: I don’t have any problem with that.

G. Lake: Dick and I will check it at a work session.

MOTION for a NEGATIVE DECLARATION 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

MOTION CARRIED. 7 AYES

MOTION for SITE PLAN/SPECIAL USE PERMIT subject to D. McGoey’s comments and submitting a revised map showing handicap parking, etc., made by A. Dulgarian and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED.

3. ROCKWOOD GARDENS - SITE PLAN - Fortune Road West (24-1-34.31) #056-003

G. Lake: Tell us what you want to do.

G. Harden: We’re representing Rockwood Associates with their apartment complex on Fortune Road West. We’re seeking an approval for construction of a 26 x 24 single story building for the purpose of a changing rooms and toilet facilities for the swimming pool.

G. Lake: Do you have Dick’s comments? Go through them for a minute while I go through the Board.

A. Dulgarian: My only question is, the building you’re removing is going to be in this new building?

G. Harden: There is no building other than a small shed. We will be removing it.

A. Dulgarian: Is that going to be incorporated into the new building?

G. Harden: It will be incorporated into the new building.

A. Dulgarian: I don’t have any problem with anything there.

P. Owen: It will improve the situation.

R. Carr: The only question that I had was do you have anything shown for the new parking spaces?

G. Harden: What parking spaces?

R. Carr: I didn’t see anything for the parking.

G. Harden: At the owners request they felt that they have adequate parking to the adjacent building #62. Generally the people walk to the swimming facility.

G. Lake: These four spots that you’ve taken away, are they strictly for the pool?

G. Harden: No. They were in for the total for the entire complex.

G. Lake: I think what he is asking is if you have enough remaining for the total count.

G. Harden: I will have to research that.

R. Carr: Other than that, I have no problem.

G. Luenzmann: I have no problems.

G. Monaco: No problem.

T. Hamilton: Nothing further.

G. Lake: Dick’s comments. Do you have any problems with any of them?

G. Harden: No.

G. Lake: How about the landscaping? Comment #7. Are you going to add landscaping around it?

G. Harden: Yes. I plan to. Small shrubs and a rock garden. I believe the owner is providing that. We gave them an area that they could landscape.

D. McGoey: We’re going to need some larger plantings along that property line in light of the problems that we’ve had with the residents and the laundry who are dependant on those trees you are removing. We would like them replaced.

G. Harden: Okay.

G. Lake: We’re going to need before we can sign off is a landscape plan. You will also need to verify the parking.

MOTION for a NEGATIVE DECLARATION subject to Dick’s comments and checking on the parking made by G. Luenzmann and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

MOTION for SITE PLAN subject to Dick’s comments and checking on the parking made by P. Owen and seconded by R. Carr.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 7 AYES

4. OLORI CRANE SERVICE - SITE PLAN/SPECIAL USE PERMIT - Fini Drive (44-1-77.3) #037-003

T. DePew: Basically Olori Crane Service is looking to purchase the old FASA Construction Company which is at the end of Fini Drive. We’re in front of the Board looking to get a revised Special Use Permit and an amended Site Plan for their use. They would be looking to store some cranes in the rear of the building and we have gone to a couple of work shops and I believe there are still some outstanding questions.

A. Dulgarian: One of my biggest concerns is that it is very visible from Route 84. I think it is very important to have an aesthetically pleasing view.

G. Lake: Are they going to be stored like this up in the air like that?

K. O’Malley: Yes. Here is one of the problems. The main Olori business is a crane rental service. The footprint of an average crane is ten feet by thirty five to forty feet. Cranes are normally stored for effective utilization with the booms retracted and left at a forty five degree angle. These cranes can extend to one hundred to one hundred twenty feet high. That’s not what they intend to do. They cannot lower the cranes to a horizontal position because in order to lower that boom to a horizontal position now the storage envelope instead of being ten by twenty five, ten by forty, becomes on an average of ten by eighty. The backyard total dimension is one hundred and eighteen feet from the edge of the building to the edge of the property line in the rear which is Goshen Turnpike. That brings us into another issue because one of the other comments from Mr. McGoey is the determination as to whether or not this property is a double front yard. The note from Mr. McGoey is that it probably would have to be referred out of another advise because if it is determined to be a front yard, the notation stated that it was going to be an additional twenty five feet which then renders the property impractical for our utilization.

G. Lake: Let me go through the Board.

A. Dulgarian: Not at this time.

P. Owen: Nothing right now.

R. Carr: Nothing right now.

G. Luenzmann: Nothing right now.

G. Monaco: Nothing.

T. Hamilton: Nothing.

G. Lake: Mr. Barone, what is your . . .

G. Barone: I haven’t seen the map. I thought it was on the corner which would require two front yards.

G. Lake: Are you buying the existing building here or are you buying the spot next to it?

K. O’Malley: It’s two separate pieces. We’re only buying the existing building and not the parcel next door.

G. Lake: Just this building right here?

K. O’Malley: Yes.

G. Lake: Why would it have two front yards?

D. McGoey: Because it fronts on Goshen Turnpike and it fronts on Fini Drive.

R. Carr: Goshen Turnpike is forty feet above.

K. O’Malley: Another issue which I think the Board has to take into consideration is that to my knowledge the original applicant wasn’t placed under the burden of complying with two front yards when they built this building.

T. Hamilton: Dick, if he’s buying, is Fini Drive a Town Road? He isn’t actually on the corner but he has two roadways, now how does that fall, it’s not a corner lot?

D. McGoey: I’m not sure.

G. Barone: I will research it.

G. Lake: By the same token, we’re going to set a Public Hearing and probably won’t be until December 3rd. Do you want to send him on to the Zoning Board of Appeals for them to make that determination?

G. Barone: The worst case scenario, is to put them on for a variance is they need two front yards.

G. Lake: What I’m saying they can do that and at the same time since the Public Hearing won’t be until December 3rd.

G. Barone: They should have time.

K. O’Malley: I have to advise the Board that that under the terms of the contract that we have entered into with the Fini Brothers, we have a date to enter into compliance by November 15th with a possible extension only up to the early part of December. If we can appear before the Planning Board at that time in December, we will have past the time schedule.

G. Lake: That’s why I’m bringing it up now. That is a chance you can take if that’s the way you want to go. Our Attorney will research it.

K. O’Malley: I respectfully request that we be allowed to appear before with the Zoning Board of Appeals with the right to cancel that if the Town Attorney so determines that it’s not a second front yard.

G. Barone: That could be possible.

G. Lake: Dick, should they come back into another work session.

D. McGoey: I’m not sure they need it.

K. O’Malley: We have another problem with the comments in that the loading berth in the front yard. The comment is it encroaches on the entry drive and should be relocated. We bought the building with the existing amnesties and this would be a significant change in our utilization of the building and we’re opposed to relinquishing our right to have this loading dock.

D. McGoey: Is that existing?

K. O’Malley: Yes. We cannot consent to that.

D. McGoey: I will take a look at it.

G. Lake: Any other comments?

K. O’Malley: There was an issue as to whether or not the applicant was requesting permission to fencing. I just wanted to clarify it at this time that we’re not requesting any review for fencing on the property.

G. Lake: Mr. DePew, all he said was that if you want fencing, it will have to be shown on the plan.

T. DePew: That’s what I’m explaining to them. I have taken it off the plan.

G. Lake: So, you are putting it back on?

T. DePew: No. We’ve taken it off. If we show it, we have to install it?

G. Lake: Yes.

T. DePew: The applicant proposes to use the existing building at the end of Fini Drive for maintenance and storage of cranes and other equipment to be rented. That’s true.

G. Lake: That’s as it is right now with no changes.

T. DePew: Yes. The Planning Board should discuss the applicant prohibiting a display of cranes or other equipment in the air. They explained why. They’re not going to be extended all the way up but they have to extend them up for storage. Although the landscaping includes white pines have been proposed along the two side lines, the property line fronting Goshen Turnpike is not proposing landscaping. We would recommend landscaping. In addition, landscaping should be provided at the frontage along Fini Drive.

G. Lake: What about Goshen Turnpike? I will poll the Board.

A. Dulgarian: Even with an existing building, when they come back with a new Site Plan use we try to update it and I don’t think this is any different. We shouldn’t be singling projects out.

G. Lake: I agree.

T. Hamilton: The height of Goshen Turnpike, in order to put any trees that are going to make any difference, you’re up in the County right-of-way. If he puts them down on the bottom of his property, what are you going to accomplish?

A. Dulgarian: I don’t think we’re talking about blocking view as much as we have some screening.

T. Hamilton: But it’s at the bottom of the hill.

A. Dulgarian: I understand that.

P. Owen: You know, taking into consideration what Mr. Hamilton was just saying. I would have to take another look at it before we go ahead and requiring someone to put in more landscaping down at the bottom. I would like to look at it again.

R. Carr: I would also like to take another look.

S. Fini: Excuse me, Mr. Chairman. May I put in a few words.

G. Lake: Go ahead.

S. Fini: The building has been landscaped in the front. I think you wanted to address one of the islands further out towards the main Town of Wallkill road but there’s only fifteen feet. If we push all that snow down in the middle of winter, even if we did landscape there would be nothing left of it. I’ve been there since 1986. Weather conditions have not improved. The building is landscaped in the front as you can see. I also want to address that Mr. McGoey trying to say. Where is the front of building, behind the building or the front of the building on Fini Drive. The front of the building is on Fini Drive which is a Town Road.