TOWN OF WALLKILL PLANNING BOARD

MEETING

NOVEMBER 5, 2003

MEMBERS PRESENT: G. Lake, R. Carr, A. Dulgarian, T. Hamilton, G. Monaco, P. Owen

MEMBERS ABSENT: G. Luenzmann

OTHERS PRESENT: G. Barone, J. McKay, D. McGoey

1. PUBLIC HEARING 7:30 P.M. - LIBERTY COMMONS - SITE PLAN/SPECIAL USE PERMIT - Goshen Turnpike (44-1-49.2) #050-003

G. Lake: Public Hearing started at 7:46 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 5th day of November, 2003 or as soon thereafter as the matter can be heard that day on the application of North Jersey Realty, P.O. Box 602, Montville, New Jersey 07045 for approval of Housing Complex - 35 Condominiums, Goshen Turnpike, County Route 101, Inwood Road, under Section 249-38 and 249-40 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

A. Fusco: I represent the owners. What is proposed is off of Goshen Turnpike near a curve a dirt street called Pinto is a piece of property which is owned by North Jersey. Originally this property was zoned for RMB which would have been moderate income apartment units. The count at that point would have been I believe somewhere around sixty units. The current developer requested of the Town a zoning change from RMB to R1 which would be a decrease in density down to thirty five units. It was entertained by the Town Board recommended by the Planning Board and ultimately approved by the Town Board. Subsequently we’ve been through numerous work sessions with the Town Planning Board Engineer as well as several sessions with the Planning Board and at this point I think we have a fairly comprehensive plan put together. These thirty five units will be entering in off of
Goshen Turnpike on to Pinto. It is going to be a private road with private utilities, water and sewer. As you can see we have some architectural renderings here. We do have with us tonight the attorney for the project, Mr. John Bach and also representatives from the

architects, Silverman as well as the owner and representatives from my office. As you can see what is proposed here are some elevations showing you some of the details. We’ve tried to make them look very attractive and also in line with the other units that are available in that area. We have addressed all of the engineer’s comments in a recent letter that would be going out. Obviously we only received his comments a few days ago. We intend to comply with all of them. A couple of changes that we have made that we had not really finalized but now we have is we are going to take the drainage out of the project through two retention ponds and ultimately go down Goshen Turnpike, down to the second drainage ditch which would be alternative #2 in your packet. One of the things that we’ve done is we’ve met with the Orange County Department of Public Works and they’ve agreed that is what they would prefer. We’ve also changed to meet the criteria. They wanted us to change our drainage report and we’ve agreed to do that. In relationship to the water, we plan to take the water off of the intersection of Goshen Turnpike and Pinto and we hope to put in a pumping station to increase the pressure to allow for sufficient domestic and fire flows. One of the things that we’ve also decided on and the project attorney is here is case there are any questions. What we would like to do is have this as a Home Owner’s Association instead of a Condominium Association. We’ve also found that with a Condominium Association that the Town probably sacrifices some of the taxes. A Condominium Association only pays sixty seven percent of the taxes whereas a Home Owner’s Association, I believe pays full taxes. That’s something that can be worked out. It is proposed as a Home Owner’s Association as opposed to a Condominium project. We are going to have a landscaped plan that will be approved by this Board. We believe that it will have several trees along the right-of-way. We have a fifty foot access into the property and thirty feet of pavement. We’re going to put a nice buffer shield between the other apartments. Basically we’re trying to move the project forward. It is greatly needed in the area for housing purposes.

T. Hamilton: I will go through the Board.

A. Dulgarian: After the public.

P. Owen: I will wait.

R. Carr: I will wait also.

G. Monaco: I will wait.

T. Hamilton: Is there anyone from the public who has any comments on the project.

F. Hauss: I’ve never been involved in anything like this. I just moved up here a year ago. I live right on the corner of Pinto Road, 2 Pinto Road. I have two children in the Pine Bush Schools which are very over-crowded as it is. They’re supposed to be building a new High School when I bought my house last year which has been shot down. Schools cannot handle any more children. If I knew that this was going to go forward I would have never bought my house in the Town of Wallkill. I would have gone further up. I would like to hear more about the drainage because it does go down on an incline. We already have flooding problems when we have heavy rains from Pinto Road onto Goshen Turnpike. People hit the puddles all the time. If this goes in, this is going to be the front of my house. My driveway accesses off of Goshen Turnpike. My children play in my front yard because it is a private road. There’s another house across and another one. All the kids get together and play there. If you open up my road and put in thirty five units, two cars per unit, that’s seventy cars. I’ve called the cops on an average for vehicles hot riding up and down the street. I don’t want it in front of my house. If I knew this was going here I wouldn’t have bought my house. I don’t know how I can tell you in any other words. I don’t what this here. I think this is going to be a major problem and if it does go in I’m going to have to sell my house.

T. Hamilton: Mr. Fusco, that road. Who owned that road previously?

A. Fusco: That piece has always been owned by this property. I won’t say our developer but the previous property owners. That piece has always been owned by the property owners. There are easements over it for the homes that are on that. If you wish, I will address the drainage briefly.

T. Hamilton: Wait until the public has spoken.

J. Fratto: I currently own the residence on the corner of Pinto Road and Goshen Turnpike. That road, Pinto Road, was my grandfather’s. He owned the property up in the back. My father owned the house. His other son lived over there. What I’m concerned about with is the amount of environmental impact. You’re going to be taking down a numerous amount of trees. I don’t see anything for a park for children to play. I would like to know what they’re giving back to the Town to get this done. I work in Rockland County and they want something in return. They should be giving back to the community as far as I’m concerned. I honestly believe it would be too much traffic for Goshen Turnpike. If they have a fifty foot right-of way, where am I going to go? What money am I going to get when I sell my house? I am also concerned with the drainage. A lot of water pools here. It’s up on a hill. If they do it, they should put in sidewalks, proper drainage. You’re talking about the second catch basin, where is that second catch basin? Between my house and the other house, the one that floods all the time and floods my driveway out. Is that the one we’re talking about because nothing is done on that road? They should have sidewalks. They should have some type of street lights. You want to have a Home Owner’s Association which I think is a good idea. This way there will be some type of control of what’s being done there because you have a lot of these old townhouses in Scotchtown years ago were maintained very well but as the old people moved out from the neighborhood people came in and rented them out and everything went wrong. I don’t want that happening here. I bought that house as an investment for my children to put them through college. If they come in, I want to know why don’t they exit off of Foster Road? There is enough traffic already on Goshen Turnpike. I built a house in the Town of Mount Hope on New Vernon Road and they wouldn’t let me put my house on New Vernon Road because of the traffic and the site. How are you going to see? This lady right here, if you pull out of Goshen Turnpike, there is a big hill. What are you going to do? It’s very busy as far as I’m concerned. If they exit off on Foster Road, it will eliminate a lot of problems and it would be a lot better. If they owned that road. They didn’t maintain it. They didn’t put a penny in it for the last forty years. They are coming in to Orange County to make a buck and get out as far as I’m concerned. If they do come in, they should put in proper drainage, street lights. Put some trees in to make it look good because I’m surrounded one side by Sherwood Forest and Inwood Hills. Now, you can’t stop progress and I understand that but at least when they’re doing something bring it up to snuff and make it worthwhile.

M. McDonough: Pointed out where his property is on the map. As the previous gentleman said, they are just looking for a buck and getting out. My home is a single family log home house. I really think that everybody on the Board should take a ride out on Foster Road and see that it is a very quiet, forest like atmosphere. It’s very nice over there. Why this road has to be going in to Foster Road, I don’t understand. This is my driveway and I will have to drive on their road to get into my driveway. They are going to build condominiums right in my face like this. My property value will go down one hundred thousand dollars. That’s how much it will cost me. The park will be in my front yard. In the summertime, people walk through my property, leave litter, etc. This will only exasperate the situation. My mailbox is right on Foster Road in the right-of-way. I will have a road right in the front of my house. It is right on the property line. These condominiums right here will be ninety feet from my house. There is also an inoperable fire hydrant over there as well. Again, my home is right here. I have sixty feet and they’re looking to build houses thirty feet from there. Absolutely right in my face. If you take a drive down Foster Road you will see it’s a quiet. If this goes through I will have to drive on their road to get to my house. I don’t know what this crash gate is.

A. Fusco: It is for emergency vehicles.

M. McDonough: I can’t imagine why that can’t be restructured this way or some other way around. That is just going through my front yard in this area right here. My last daughter just graduated from Pine Bush High School. I can tell you this, she was standing on that bus every single day because they were at the end of the school district. Every day of school she was standing on the bus. There were no seats when she got on that bus. I don’t know what they plan on doing when these other kids. I have no idea but to me to put these condominiums right in my face is wrong. Emergency vehicles, the angle of this road, you’ll never get a fire engine in there because it has too much of an angle and if you come this way from Foster Road you’re about six miles out of the way where you could just go on Goshen Turnpike.

P. Kucz: I am at 59 Poplar Lane, Inwood Hills. My Board basically had a meeting and are pretty much concerned about a couple of little issues such as the lighting. The back of the townhouses in Inwood Hills will be, the road to the new condominiums and are the lights going to be there. Are they going to light up the back of the townhouses so that the lights will be in their yards? The second question was water pressure. Our water pressure is not that great now. Are they going to tap in to the pipe by us, the water pressure is not that great.
E. Oster: I’m on 30 Poplar Lane. What she forget to mention is Mrs. Kucz is the President and I’m the Vice President of the Home Owner’s Association of Inwood. Probably the number one concern is the fact that the townhouses in our association is the back yard is their yard. Also, we have a swimming pool up there and somewhat of a play area in the back through there. I’m sure that’s where the road has to be. The Board is strongly recommending that it be fenced. We agree with the person who just spoke previously even though there is a crash gate there, it would be more preferable if the road did not go through. Also, are there going to be dumpsters for the garbage or is each home owner going to have some kind of a hook up or just some idea of where they are going to be. Will the road ever become a Town Road? One other thing, as the project goes along, we can always go through the Town if we had difficulties, but if the engineers’ wouldn’t mind leaving telephone numbers for the Home Owner’s Association if some of our home owners have difficulty as far as the time you’re working, dust, that we could address the engineers directly instead of complaining to the Town.

T. Hamilton: There are nineteen items to be resolved. If you agree to waive the time frame, we can close the Public Hearing.

A. Fusco: We agree to waive the time frame.

MOTION made to close this PUBLIC HEARING at 8:07 P.M. made by A. Dulgarian and seconded by P. Owen.

A. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Monaco: Aye

T. Hamilton: Aye

MOTION CARRIED. 5 AYES

T. Hamilton: One quick question to Mr. Fusco. There seems to be a question about the Orange County Drainage Agreement that we have no paperwork.

A. Fusco: You do have some correspondence. I have it in my file. We met with Mr. Kennedy of the Orange County Department of Public Works and in conjunction I also met with Mr. Lee. I know that Gary had spoken to them also because he was there the day before I was. Basically right after Pinto Road we come down to Goshen Turnpike where there is a drain currently. It’s an eighteen inch pipe that goes under the highway. We were investigating that and it was plugged. It’s probably one of the reasons why there were puddles in that area. That goes across the street to a twelve inch line that eventually goes to the pond. Years ago when this project was approved in the early 1990's as a forty four unit apartment complex, it was approved and that’s the way it was going to go. Subsequently we looked at an alternative which is to run down Goshen Turnpike and across and down into the pond. The County has approved both but they prefer that we go that route. We have decided at this point that we are going to take that alternate plan #2.

T. Hamilton: We have no documentation for us to review to say that the County has agreed with this. I was given the information to table this until we receive this information. I don’t think any of us up here are qualified.

A. Fusco: Sure. I don’t have a problem with you tabling it.

T. Hamilton: The paperwork we don’t have and haven’t seen and the engineer from what I understand has not seen it so we need to get that paperwork to verify all of this information.
Right now there are nineteen comments on here and we don’t have our engineer because he is at another meeting.

A. Fusco: Mr. Chairman, I don’t have a problem tabling this. We’ve already set up a work session for December 22, 2003, I believe with Mr. McGoey to go over each of these items so we are prepared to go back to another work session. One of the things we would like to do is to proceed with the SEQRA process but in order to do that.

T. Hamilton: I think that on the advise of our Town Attorney and also our Engineer, we weren’t go to proceed any further.

G. Barbone: I think you need to have all these comments resolved before you have the Negative Declaration.

A. Fusco: I wasn’t asking for a Negative Declaration. I just wanted to make sure that the Lead Agency was set.

G. Barbone: They can adopt Lead Agency status.

A. Fusco: That’s what I was asking for.

T. Hamilton: I think I will look for a motion to table until this is straightened out at the next work session to make sure everything is there. We have too many unanswered questions right now.

A. Dulgarian: I agree with you one hundred percent. Do you want to give him some other stuff to look at or . . .

T. Hamilton: I think we could use Mr. McGoey here right now.

A. Dulgarian: The only reservations I have at this point is that in regards to the crash gates in the back of the property, if you recall we have a proposed office building on East Main Street that has a similar one going back into the Meadows so that the emergency people could get out of there. It didn’t have to be paved on the other side of the crash gate. It just had to be able to handle vehicles. I think that would fit with this particular application. The other thing is, it is a very ambitious plan. I share the concerns of the other members of the Board on the more asphalt we put down the more storm water problems we have. It’s a forty foot difference from the back of the property and the front of the property and I would just recommend that we have all of that in order before the next work session and before you come back to us.

P. Owen: I didn’t see where the sidewalks were on the plans.

A. Fusco: There are no sidewalks.

P. Owen: We’ve been requiring a lot of people to have sidewalks where we can. What about going out to Goshen Turnpike?

A. Fusco: We could accommodate that if you request it.

P. Owen: I would like to see it on the plan.

T. Hamilton: On your site plan Mr. Fusco, it almost looks like sidewalks here.

A. Fusco: We were back and forth on this issue. We have no problem with sidewalks.

T. Hamilton: One other question. If that is the case, what else do you have on this site plan that we’re looking at that you don’t plan on doing?

G. Lake: Came in at this time from another meeting.

T. Hamilton: We have closed the Public Hearing and we’ve gone through a couple of items that the Board members might like to see so he can get some of this stuff done before the next work session with Mr. McGoey. That’s right where we stand right now.

G. Lake: Do you have the easements?

A. Fusco: From the County.

G. Lake: Dick, do you have anything else on this?

D. McGoey: The plans show the drainage going across the street.

A. Fusco: We met with Mr. Lee and in addition to that Mr. Kennedy. They strongly have suggested that we re-review that. We received their comments recently. We have a revised drainage report for you to review.