R. Carr: Just on the aesthetics. I would think you would want as much landscaping with different plants to get landscaping on Route 211. While your landscaping is great on the access road, it?s not going along the front of Route 211. I would like to see something to make that look as more attractive as it should. My other thing is, are you going to have stop signs? Are there stop signs at every curbing? I was looking at this and you have about thirty stop signs.

C. Pilletteri: I believe we have a stop . . .

G. Luenzmann: In the winter time, you can?t see the curbs.

R. Carr: You can?t see the lines on the pavement. My other thing is the cross easement because once we do a subdivision here, the site plan will cover it also because it will be a cross easement that will go between the two lots.

C. Pilletteri: The new lot and Dick has a copy of the cross parking and cross access easements that are being drawn up.

G. Luenzmann: I have confidence in Dick straightening out the parking issue. I?m concerned about item #5. I don?t want it to be precedent setting and I remember specifically when the other gentleman was here we said he was going to have to allow the access.

J. Sweeney: We will allow the access.

G. Luenzmann: We don?t want to see a barrier there and have a big problem.

J. Sweeney: You won?t see that.

G. Monaco: I have nothing other than Dick trying to solve the parking.

T. Hamilton: I concur.

G. Lake: Do you have any problems with Dick doing this?

A. Dulgarian: I have total confidence with Dick. I just hate sometimes throwing too much stuff at him.

R. Carr: Yes, I also have full confidence with Dick. It?s just at some point there?s so many things that . . .

A. Dulgarian: Gary, I think we should do it subject to. It?s nice to see something happening with this building. Let?s get these guys something to walk away with and have Dick try and get it right.

MOTION for a NEGATIVE DECLARATION 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. 7 AYES

MOTION for subdivision approval 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. 7 AYES

MOTION for SITE PLAN/SPECIAL USE PERMIT subject to Dick?s comments plus the comments of the Board on the parking and the traffic flow, landscaping and the right-of-way between made by G. Luenzmann and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Nay

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

Motion carried. 6 AYES, 1 NAY

1. PUBLIC HEARING 7:40 P.M. - COUTANT MEADOW - 4 LOT SUBDIVISION - Coutant Road (5-1-36.14) #035-002

G. Lake: Public Hearing started at 8:26 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 16th 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 Roger J. Ferris, 16 Roberts Street, Middletown, New York, 10940 for the approval of a four lot residential subdivision of a 14.3 +/- acre parcel. The parcel of land is located on the southerly side of COUTANT Road, Tax Map Parcel Section 5, Block 1, Lot 36.14 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

R. Ferris: I?m the applicant. We are proposing a four lot residential subdivision, single family homes. The lots range in size from two acres to four acres in size.

G. Lake: I will go through the Board before the Public.

A. Dulgarian: Nothing at this time.

P. Owen: Nothing.

R. Carr: Nothing.

G. Luenzmann: No.

G. Monaco: Not at this time.

T. Hamilton: Not at this time.

G. Lake: I will now go to the Pubic.

R. Yarwood Jr.: I want to complain about the one part. The property line is at the corner of my house and it?s five feet from the corner according to the drawings I have.

A. Dulgarian: That shows on our map also.

R. Yarwood Jr.: If you take a look at mine.

G. Lake: I will pass that down.

R. Ferris: It doesn?t show any dimensions.

R. Yarwood Jr.: An eighth of an inch is five feet.

G. Lake: Anything else?

R. Yarwood Jr.: No. I guess I would want you to hold it up until it is fixed.

D. McGoey: We?re here for Preliminary so there is time.

R. Yarwood Jr.: If you draw a line from his space to the corner of my house it takes away half of that small building I have on it.

G. Lake: Dick?

D. McGoey: You can either resolve it tonight or later.

R. Ferris: When we did the original survey and subdivision it showed on that map also. I would be willing to give him five feet if the Board wants me to give him five feet there. I would just look for the approval subject to that and add it to the plan.

G. Lake: Mr. Yarwood, do you understand what he just said?

R. Yarwood Jr.: He will give me five feet.

R. Ferris: Yes. I will have my Attorney when they are doing deed work draw up the deed to you to give you that extra five feet to make sure that you have that distance in there so we will be setting another concrete marker up from the one that?s already there.

R. Yarwood Jr.: Okay.

R. Ferris: I might even go ten feet if the Board does not have a problem with that.

A. Dulgarian: I think ten feet is very generous and it would solve the problem.

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

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

G. Lake: Do you have Dick?s comments?
R. Ferris: Yes.

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

R. Ferris: On our certification it?s noted that we?re on Town datum. Item #2 there is a note on lots #1, #2, and #3 (not clear). Site distances are actually improving every time the Town goes out there. What?s there now is shown. We put a note documenting that a guide rail be placed on lot #1 on the south side where the major fill is. The septic systems, I talked with Mr. DeWinter at Eustance & Horowitz and they have approved the septics.

A. Dulgarian: No. I think it?s a nice looking project. I also think it is very generous of the applicant to take care of Mr. Yarwood?s situation there. I?m all for it.

P. Owen: Nothing further.

R. Carr: Nothing.

G. Luenzmann: I would just like to say it was very nice of you to do that for the neighbor. I have no problem with it.

G. Monaco: Nothing.

T. Hamilton: Nothing.

MOTION for a NEGATIVE DECLARATION made by T. Hamilton 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

MOTION for PRELIMINARY subdivision approval subject to Dick?s comments and the ten foot agreement made by G. Monaco and seconded by T. Hamilton.

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 FOUR LOT SUBDIVISION subject to all comments made by T. Hamilton 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

2. PUBLIC HEARING 7:45 P.M. - AUTO LOVERS - SITE PLAN/SPECIAL USE PERMIT -Ebert Road/Route 211 East (41-1-64) #035-002

G. Lake: Public Hearing started at 8:35 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 18th 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 Carmine N. Rotundo, 51 Montgomery Street, Middletown, New York 10940 for approval of Special Use Permit and Site Plan Approval for Auto Lovers, auto glass tinting shop to be located on NYS Route 211 East at the intersection of Ebert Road (East side of Ebert Road) Section 41, Block 1, Lot 64, under Section 239-39 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

W. Abt: I?m the architect for the owner. This is a Public Hearing for the Special Use Permit for auto service such as glass tinting for Carmine Rotundo?s business Auto Lovers on Route 211 East at the corner of Ebert Road. The building proposed is a twelve hundred square foot building. At the intersection the access would be from Route 211. Parking would be in the front. The drainage and landscaping have all been commented. We did receive a letter from the State Highway Department approving the drainage on October 4th. We have added since the last meeting additional landscaping along Ebert Road and a sign.

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

A. Dulgarian: Nothing.

P. Owen: Nothing.

R. Carr: Nothing.

G. Monaco: Nothing.

T. Hamilton: Nothing.

G. Luenzmann: Nothing.

MOTION to close the PUBLIC HEARING at 8:38 P.M. made by P. Owen and seconded by G. Monaco.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Luenzmann: Aye