TOWN
OF WALLKILL PLANNING BOARD
MEETING
OCTOBER
15, 2003
MEMBERS PRESENT: G. Lake, A. Dulgarian, T. Hamilton, G. Monaco
MEMBERS
ABSENT: R. Carr, G. Luenzmann, P. Owen
OTHERS
PRESENT: G. Barone, P. Hines
1. PUBLIC INFORMATIONAL HEARING - 7:30 P.M. - ZEFFIRO - ZONE CHANGE
- MI to RA - Stage Road (69-1-39.22)
G.
Lake: Public Informational Hearing started at 7:39 P.M. M. Hunt
read the Public Informational Hearing notice.
M.
Hunt: 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 15th day of October, 2003 at 7:30 P.M. or as soon thereafter
as the matter can be heard to consider the application of Irene
Zeffiro for a zoning change of certain premises located on Stage
Road from MI to RA as more fully defined in the Zoning Law of
the Town of Wallkill. Said premises consists of one acre and is
located on the east side of Stage Road off of Stony Ford Road,
Section 61, Block 1, Lot 39.22 as shown on the Town of Wallkill
Zoning Map. All parties of interest will be heard at said time
and place. S/Gary Lake, Chairman
G.
Lake: Mr. Dulgarian, do you remember the last meeting when she
was here, do you have any comments at this point?
A.
Dulgarian: No. I guess they’re just looking for a recommendation
to the Town Board and I guess that’s what we need to do
because it’s not contiguous to the RA.
G.
Lake: It would be spot zoning.
G.
Monaco: Nothing.
T.
Hamilton: Nothing.
G. Lake: Is there anyone who wishes to comment on this application?
MOTION
to close this PUBLIC INFORMATIONAL HEARING at 7:41 P.M. made by
G. Monaco and seconded by T. Hamilton.
A.
Dulgarian: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
MOTION
CARRIED. 4 AYES
G.
Lake: This is, as we kind of told you the last time we just make
a recommendation to the Town Board. At this point it would be
creating spot zoning because you’re totally surrounded by
MI.
MOTION
made to recommend to the Town Board changing the zone from MI
to RA made by G. Lake and seconded by T. Hamilton.
A.
Dulgarian: Nay
T.
Hamilton: Nay
G.
Monaco: Nay
G.
Lake: Nay
MOTION
DENIED. 4 NAYS
G.
Lake: Because it is spot zoning, this board is not allowed to
do that.
N.
Zeffiro: Okay.
G.
Lake: We will send that back to the Town Board and then you can
continue the process with the Town Board.
N. Zeffiro: Okay, fine.
G.
Lake: Again, we apologize for the mixup the last month.
N.
Zeffiro: No problem.
2. PUBLIC INFORMATIONAL HEARING - 7:35 P.M. - CAPPELUZZO - ZONE
CHANGE - MI to R2 - Marie Lane (81-2-1.1 & 81-2-1.2)
G.
Lake: Public Informational Hearing started at 7:42 P.M. M. Hunt
read the Public Informational Hearing notice.
M.
Hunt: N0TICE IS HEREBY GIVEN that a PUBLIC INFORMATIONAL 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 15th day of October, 2003 at 7:35 P.M. or
as soon thereafter as the matter can be heard to consider the
application of Richard Cappeluzzo for a zoning change of certain
premises located on Marie Lane from MI to R2 as more fully defined
in the Zoning Law of the Town of Wallkill. Said premises consists
of one (1) acre (81-2-1.1) and 2.5 acres (81-2-1.2) and are located
on Marie Lane and Silver Lake Scotchtown Road as shown on the
Town of Wallkill Zoning Map. All parties of interest will be heard
at said time and place. S/Gary Lake, Chairman
D.
Yanosh: I am the surveyor for the project. Again, like the notice
says, this is an MI zone which is located in the middle, which
is spot zoning, in the middle of an R2 zone. Years ago, it used
to be an old warehouse and freezer. The buildings are dilapidated
and Mr. Cappeluzzo wants to develop the property for single family
homes and do a subdivision on the property to make it contiguous
to the rest of the area.
G.
Lake: Let me go through the Board.
A.
Dulgarian: How big is that property?
D.
Yanosh: This is a one acre and a 2.4 or about 3.47 acres.
G.
Lake: Do you have an area map that you can show the Board?
D.
Yanosh: Yes.
G. Lake: They got it but just so they know that it’s totally
surrounded by R2.
A.
Dulgarian: We’re just setting the Public Hearing tonight,
right?
G.
Lake: No. We’re doing it now.
A.
Dulgarian: It is totally surrounded. I have no problem. It makes
sense to me.
G.
Monaco: It is completely surrounded and I have no problem changing
it.
T.
Hamilton: I have no problem changing it.
G.
Lake: Is there anyone who wishes to comment on this application?
MOTION
to close this PUBLIC INFORMATIONAL HEARING at 7:44 P.M. made by
G. Monaco and seconded by A. Dulgarian.
A.
Dulgarian: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
MOTION
CARRIED. 4 AYES
MOTION
to make a recommendation to the Town Board in favor of the zone
change from MI to R2 made by G. Monaco and seconded by A. Dulgarian.
A.
Dulgarian: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
MOTION CARRIED. 4 AYES
3. PUBLIC HEARING 7:40 P.M. - WEINER - OFFICE BUILDING - SITE
PLAN/SPECIAL USE PERMIT - East Main Street (73-1-20) #043-003
G.
Lake: Public Hearing started at 7:40 P.M. M. Hunt read the Public
Hearing notice.
M.
Hunt: 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
15th of October, 2003 at 7:45 P.M. or as soon thereafter as the
matter can be heard that day on the application of Dr. Bruce Weiner,
400 Midway Park Drive, Middletown, New York, 10940 for approval
of Dental Office on East Main Street under Section 249-38 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
G.
Lake: Mr. Dulgarian, do you have anything before I go to the Public?
A.
Dulgarian: No.
T.
Hamilton: Nothing right now.
G.
Monaco: I will wait.
G.
Lake: Is there anyone who wishes to comment on this application?
MOTION
to close this PUBLIC HEARING at 7:47 P.M. made by G. Monaco and
seconded by A. Dulgarian.
A.
Dulgarian: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
MOTION
CARRIED. 4 AYES
A. Fusco: I represent Dr. Bruce Weiner and is proposing to build
a six thousand four hundred square foot office building on East
Main Street on a .95 acre portion of land just under an acre.
For orientation, it’s near the intersection of the Route
84 underpass across from Distilburger’s Farm. We have submitted
previously a proposed Site Plan. We have had a sit down with the
Town Planning Board Engineer. In addition to that, we have met
with Orange County Department of Public Works last week. I met
with Chuck Lee regarding the proposed takings on East Main Street.
This parcel is a little narrow so it’s critical in relationship
if the County did want to widen the road. The outcome of the meeting
and Mr. Chuck Lee, the Deputy Commissioner of Public Works indicated
that I could use his name on this and has indicated to me that
they would like to have twenty five feet from the centerline deeded
to them. We have no problem with that. He is going to forward
a letter to either yourself or the Planning Board Engineer in
that regard. We will modify that plan accordingly. That was one
of the comments that we had received from Mr. McGoey’s office.
There are several other items all of which we intend to comply
with. We plan to set up another work shop meeting as soon as possible
and get back before the Board. We believe we will be able to comply
with all the requirements. One of the requirements, however, we
had shown some storm water drainage charge on this with a pond
as well as some discharge. It is under one acre so we do have
some leeway. That’s one of the questions that he had asked
previously and we are under one acre so the requirements are a
little less stringent than if they were over one acre. The only
other item we may have is again, we’ve shown a little bit
of an elevation just to give you an idea of what the building
would look like and would be attractive. The architect was unable
to be here this evening.
G.
Lake: When did you meet with the Orange County Department of Public
Works?
A.
Fusco: I believe it was last Friday.
G.
Lake: This very last Friday?
A.
Fusco: Yes, four days ago. They told me that they had met with
you previously.
G.
Lake: Right. I was down there.
A.
Fusco: And, it was after that.
G.
Lake: I was down there Tuesday.
A.
Fusco: It was after you met with them.
G.
Lake: And you met with?
A. Fusco: The Deputy Commissioner, Chuck Lee. Usually Pat Kennedy
does most of this but this is his boss. I have to meet with him
on an unrelated issue and the topic did come up. We did sit down
and discussed it and he is comfortable with the twenty five feet
from the centerline.
G.
Lake: I have to tell you. I didn’t get the same impression
talking to him but you met with him after I met with him on Tuesday.
A.
Fusco: That’s correct. I met with him last Friday.
G.
Lake: You met with him this last Friday about this because we
did meet specifically on this and one other project along East
Main Street about the takings because of work that might be being
done.
A.
Fusco: He did mention that to me that he had met with you and
he did say that I could relate this to you. He is going to forward
a letter. One of the reasons in addition to it that he’s
looking at it in that fashion is also on the other side of the
road you will see where there is a New York State parcel #714
that the State has and that’s one of the other areas that
he feels comfortable with this because if he does need to he could
do some additional widening on that side. He is comfortable, again,
what I said, is twenty five feet from the centerline of the road.
T.
Hamilton: How does that help that little parcel across the way
when you have to line up with the other parcel?
G.
Lake: Unfortunately, I was waiting to get correspondence from
Orange County so I would be better prepared to tell you exactly
what their thoughts were. I did not receive that as of yet. I
know that Mr. Lee is pretty busy. We did meet with him last Tuesday
along with the Exit 122 at the Community Center and then after
that I had a chance to talk to him. There is some widening but
we’re going to wait for their letter.
A.
Fusco: I understand.
G.
Lake: Let me go through the Board. You have thirteen comments.
You’ve already said you are willing to go to another work
session.
A.
Fusco: That’s correct.
G. Lake: Let’s get the waiving of the sixty five days out
of the way right now.
A.
Fusco: That’s fine. We agree to it.
G.
Lake: Okay. You do agree to waive the sixty five day time frame?
A.
Fusco: That is yes.
G.
Lake: Let me go to Mr. Dulgarian to see if he has any other comments.
A.
Dulgarian: Again, there is a lot of work left to do on this. Is
there another parcel along side of this parcel that was before
us recently, another one of these former residences that is going
to be a business?
A.
Fusco: We had come back here before and we were here in July.
We are tearing down the two structures on the property and we
are going to build a new structure.
A.
Dulgarian: You are showing about thirteen feet from the centerline
here now, correct?
A.
Fusco: That’s correct.
A.
Dulgarian: And it’s going to have to twenty five?
A.
Fusco: What we have here right now is, we have to move everything
back about five feet. What we have for a taking right now is about
twenty feet back from the centerline. We have to push everything
back on this plan that you have before you back about five or
five and a half feet.
A.
Dulgarian: I’m very familiar with this corridor.
G.
Lake: We just want to make sure now that we are working with the
County.
A.
Dulgarian: Where’s the Masonic Creek? How close is the property
line to the Masonic Creek?
A.
Fusco: I believe the creek is probably about one hundred feet
back.
A.
Dulgarian: Now, the property behind this then, is another parcel
near the stream?
A. Fusco: That’s correct.
A.
Dulgarian: I have concerns about the taking and also the ingress
and egress. I know it is a problem but I know it will be addressed.
At this time, I don’t have anything additional.
Let me say that I think it will be an improvement in this area
when it is done and that’s the kind of development that
I would like to see in that corridor but like you said, and I
will reiterate, you have to make sure it’s right.
A.
Fusco: That’s specifically why we sat down and met with
Mr. Lee is to get it resolved because it is a critical component
to develop this lot. It’s not a huge lot where you can maximize
on its utilization and if the taking were more significant it
would probably render the lot useless.
G.
Monaco: It’s a nice project as long as it complies with
Dick’s comments.
T.
Hamilton: On Dick’s comments, I’m just amazed that
most of these comments were asked for back in July but Dick hasn’t
received anything until the middle of October.
A.
Fusco: There was a mixup in some of the review. We didn’t
actually get the review comments and we’re guessing at what
they wanted. We did make major improvements however on the plan
and believe that after one more work session we will be able to
come back here with a completed package which is approve-able
by the Board.
G.
Lake: I don’t think we need to go through all these comments.
Let’s get in on another work session and I also think we
should invite Orange County Department of Public Works on that
one. Any correspondence from them, why don’t you forward
to me.
A.
Fusco: Absolutely.
A.
Dulgarian: The site distance is not an issue here, correct
A.
Fusco: No. It’s a straight line there.
MOTION
to TABLE for further review made by G. Monaco and seconded by
A. Dulgarian.
A.
Dulgarian: Aye
T. Hamilton: Aye
