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A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye


G. Monaco: Aye

G. Lake: Aye

Motion carried. 6 AYES

MOTION for SITE PLAN/SPECIAL USE PERMIT 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. Lake: Aye

Motion carried. 6 AYES


1. PUBLIC HEARING 7:40 P.M. - WALLKILL DISTRIBUTION CENTER - SITE PLAN/SPECIAL USE PERMIT - East Main Street (78-1-71.1) #013-000

G. Lake: Public Hearing started at 7:53 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 2nd day of October, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of AVR Acquisition Corp., 1 Executive Boulevard, Yonkers, New York 10701 for approval of Site Plan/Special Use Permit for Wallkill Distribution Center off of East Main Street and Midway Park Drive under Section 249-38-40 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


J. O?Rourke: I am from Lanc & Tully Engineers.

G. Lake: Give us a brief description.

J. O?Rourke: The Wallkill Distribution Center is located on a 53.8 acre parcel located in the PID District along East Main Street just east of the Midway Park Road and Golf Links Road. The proposal is to construct two distribution centers for a total area of 590,000 square feet which is slightly less than the Wakefern Distribution Center on Ballard Road. We propose to extend Midway Park Drive three thousand feet out to East Main Street. Certain improvements proposed would be have been the water system, sewer system. Off-site improvements relates to re-aligning Golf Links Road and Midway Park Drive. There will be improvements to the monkey farm bridge and improving the other ramp to the Quickway. We recently met with the Highway Superintendent with the improvements for Midway Park Drive. We?re increasing the width by two feet to make a thirty foot road. We?re also completely doing the highway done to the sub-base and in addition to that there will be drainage improvements also.

G. Lake: Dick on your comments that they haven?t addressed?

D. McGoey: They have not.

A. Dulgarian: Regardless what the applicant has to tell us tonight if our Engineer is telling us that we should . . .

G. Lake: I tend to agree with you especially after we held a special work session. We thought you were coming in here to get something done tonight.

D. McGoey: They have sufficient information to hold a Public Hearing. I think that was the intent of the meeting tonight.

T. Hamilton: But why have a Public Hearing if we can?t go over some of those comments that we might have problems with and get them in the record for the Public Hearing. We don?t have the stuff to even discuss. Shouldn?t we have that information prior to the Public Hearing? I move to table.


G. Barone: Arguably he can address Dick?s comments and then after the Public Hearing he has to revise things again based upon what the public says. It depends upon the scope of what he has to address. My concern is we have the Public Hearing tonight and close the Public Hearing then I would like the applicant to waive the sixty two day time constraint. It?s up to your discretion if you feel that you have sufficient information to act tonight otherwise table it and have the comments addressed and then proceed at a later date.

J. O?Rourke: We will certainly agree to waiving the time frame. If I do recall we did have a special work shop which unfortunately was only last week.

G. Lake: Mr. Barone, there is a motion to table.

G. Barone: My preference is so there?s no misunderstanding is if it is tabled tonight that the applicant still consents to waiving the time constraint within which you have to act so there is no dispute over that. That would be the ideal situation.

G. Lake: I would agree to leave the Public Hearing open and let him address Dick?s comments.

G. Barone: Correct.

G. Lake: And then bring him back in later and then we should also have the comments from the fire department.

T. Hamilton: I will rescind my motion.

G. Lake: I think you have the feeling that the Board would like to see as we continue into the Public Hearing all the documentation that we need up to that point. I believe you already have Dick?s comments.

J. O?Rourke: Yes.

MOTION made to leave the PUBLIC HEARING open made by R. Carr and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye


T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye


2. WAL-MART DISTRIBUTION CENTER - SITE PLAN/SPECIAL USE PERMIT Route 17/Route 17K (1-1-66, 67.1, 44, 43, 1.2, 2.222) # 057-002

CANCELLED.


3. CICCARELLI - TWO FAMILY - SITE PLAN/SPECIAL USE PERMIT - Shaw Road (24-1-55.52) #060-002

G. Lake: Tell us what you would like to do.

A. Ciccarelli: There is an existing building on the property. My brother lives there right now. My parents would like to move in and make it a two-family.

G. Lake: Dick?

A. Ciccarelli: I just got these. Item #3, I went out and measured and it is thirty five feet.

G. Lake: All we will be doing this evening is to schedule your Public Hearing. Then you will have to verify that and put the correct measurements on the map.

A. Ciccarelli: Item #4 is about the Public Hearing.

A. Dulgarian: The only thing you have to do is to show adequate parking for a two-family which we require.

A. Ciccarelli: How would we do that?

A. Dulgarian: Just show where the cars are going to park. Show that on your map along with your setbacks. You also have to verify the soil types because when you have two-family from one we need to know that the septic is big enough.

A. Ciccarelli: Okay. Do I need an Engineer for that?

D. McGoey: Yes.

P. Owen: Nothing.

R. Carr: Just one question. Does the driveway cross the, come down on the middle of the lot line?

A. Ciccarelli: There are two driveways with a lot line. It?s like a road going in with two driveways.

T. Hamilton: We made them to that in case they sell off the other side.

G. Lake: What number is it?

A. Ciccarelli: 108.

G. Monaco: They?re going to have to need a percolation test.

A. Ciccarelli: Right.

G. Lake: They need to verify that.

T. Hamilton: No questions.

G. Lake: The only thing we are doing this evening is to schedule the Public Hearing and between now and then make sure you get the septic verified, show the parking.

MOTION to schedule a PUBLIC HEARING for November 20, 2002 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. Lake: Aye

Motion carried. 6 AYES


4. CERULLO - 9 LOT SUBDIVISION - EXTENSION #032-001

M. Siemers: To keep you up to date we have received New York State Department of Transportation approval for the driveway on lot #9. We?ve gotten a little hung up on a couple of comments with Eustance & Horowitz specifically with the wells and we had a little trouble with the joint site inspection with them. Hopefully we will be taking care of that in short order and coming back in for the final approval.

G. Lake: You?re going to Eustance & Horowitz for the septics?

D. McGoey: Yes because there are five lots that are five acres. Do you have problem in complying with our other comments?

M. Siemers: No, not at this time. I wanted to ask are we having a work shop before final approval? Do we need to have another work shop?

D. McGoey: I think you should. To make sure that you have complied with the latest comments.

M. Siemers: The only thing I want to ask you is I want to make sure with Dan Patenaude about the guide rails on the other side of the road.

MOTION for a SIX MONTH EXTENSION 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. Lake: Aye

Motion carried. 6 AYES


5. WALLKILL PROFESSIONAL PLAZA - EXTENSION #009-002

G. Bergman: I?m representing Eustance & Horowitz and we?re here requesting an extension for the Wallkill Professional Plaza.

G. Lake: Any comments from the Board?

MOTION for a ONE YEAR EXTENSION made by P. Owen and seconded by A. Dulgarian.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

Motion carried. 6 AYES


6. NACAJ - 9 LOT SUBDIVISION - EXTENSION #040-001


R. Ferris: We received conditional preliminary.

G. Lake: Dick, one of your comments was that the plan was signed in April.

D. McGoey: So, from the time of approval to the time of signing the maps was there that much of a lapse?

G. Lake: That?s what happens with conditions. Can we do a six month extension?

G. Barone: Yes. When the map is signed that?s when it?s approved.

G. Lake: You need the extension because of what?

R. Ferris: We?re in with the Health Department.

G. Lake: How long do you think that?s going to go?

R. Ferris: They?re going to have to do shallow trench tests so I would like a year if I can get it.

D. McGoey: We can only give you six months.

MOTION for a SIX MONTH EXTENSION made by P. Owen and seconded by A. Dulgarian.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

Motion carried. 6 AYES

7. CAVALIERE - LOT LINE CHANGE - Brookline/Ridgewood Avenues (75-10-3.20)
#047-002

R. Ferris: This is a lot line change between a brother and sister. The brother?s lot has a tail that fronts on Brookline which is where the sister?s house is and he just wants to give that piece to her.

A. Dulgarian: It makes the situation better.

P. Owen: I agree.

R. Carr: I agree.

G. Monaco: I agree.

T. Hamilton: No problem.

G. Lake: Dick says no problem.

MOTION for a NEGATIVE DECLARATION made by P. Owen and seconded by T. Hamilton.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye