TOWN OF WALLKILL PLANNING BOARD
MEETING
NOVEMBER
19, 2003
MEMBERS PRESENT: G. Lake, R. Carr, A. Dulgarian, T. Hamilton,
G. Luenzmann, G. Monaco, P. Owen
MEMBERS
ABSENT: None
OTHERS
PRESENT: G. Barone, J. McKay, D. McGoey
1. PUBLIC HEARING 7:30 P.M. - LONGABARDI - 24 LOT SUBDIVISION
- Mapes Road (48-1-4.95) #076-002
G.
Lake: Public Hearing started at 7:30 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 19th day of November, 2003 at 7:30 P.M. or as soon thereafter
as the matter can be heard that day on the application of Vincent
and Concetta Longabardi for approval of a 24 lot residential subdivision,
located on the North side of Mapes Road under Article 111, Section
2A of the Subdivision Law of the Town of Wallkill. All parties
of interest will be heard at said time and place. /Gary Lake,
Chairman
G.
Lake: Do you want to give us a brief presentation?
D.
Yanosh: This is a one hundred fifty three acre parcel of land
in the RA zone on Mapes Road. The proposal is for twenty three
residential lots. The remaining lot #24, the remaining parcel
is Mr. Longabardi on 72.4 acres which goes over the hill. We have
taken care of most of the engineering comments, the drainage study,
curbs for the road, septic designs for single family homes on
this lots ranging from 1.3 with the largest 5.65 with a long road
coming in with a “T” intersection at the end of lot
#24 if he ever wanted to expand and a small cul-de-sac goes off
to the northwest to service three more lots.
G.
Lake: I will go through the Board before the Public.
A.
Dulgarian: Not at this time.
P. Owen: I will wait.
R.
Carr: I will wait.
G.
Luenzmann: Nothing at this time.
G.
Monaco: Nothing.
T.
Hamilton: Nothing.
G.
Lake: Is there anyone from the Public who has comments on this
application?
A.
Snyder: My main concerns are that they have one entrance coming
in only. I live at 58 Mapes Road. Basically lot #1 is going to
border my property. So my main concern is the one entrance coming
in for twenty three homes which will have a minimum of two cars
per family my road is now going to have a lot of traffic. We originally
bought this piece of property because it was in the country. I’m
not really objecting to the subdivision. I really would like to
see bigger lots. All the trees, everything that’s beautiful
back there, to me, is going to be gone. My other concern is the
impact on the school district. It is just going to add a lot more.
I don’t know how the school feels. I don’t know how
that’s going to work because I’m new here. Again,
it’s also opening up a whole other subdivision which, I’m
sure, down the road will be here next. With only one road coming
and going, you will have a whole lot more traffic coming in. My
concerns are really a lot of traffic and too many small lots.
It will ruin that beautiful piece of property.
G.
Lake: Thank you. Is there anyone else?
MOTION
to close this PUBLIC HEARING at 7:43 P.M. 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
G.
Lake: Do you want to answer those questions now?
D.
Yanosh: To reiterate some of the things, I think the Town got
a letter today from the Town of Mount Hope also expressing their
concerns about the road access from Mapes Road and requested a
$37,309 estimate for recapping the road once the construction
is done. I’ve talked to Mr. Longabardi about this and we’re
going to discuss this with the Town of Mount Hope. This is the
first time it came back with a number of this amount. We’ve
also submitted a letter to the Town of Wallkill to also put money
in escrow to pave Mapes Road in the Town of Wallkill the way it
is right now. We put an estimate of $15,000 to the Town of Wallkill
Highway Department to do that. I think so that as I know it has
been acceptable to the Town. We included some drainage improvements
on Mapes Road at the end of our road. It was included in the original
subdivision. It will pick up a lot of drainage coming down Mapes
Road now and will hold it in the retention basin to limit some
of the drainage that goes down Mapes Road now into the Town of
Mount Hope. I also was in contact with the City of Middletown.
I talked to Mr. Johnson today. He was away and was ill for a while
about the Highland Lakes Road and the reason why it’s closed.
They closed it back after the incident of 9/11/01 for security
reasons for the reservoir. The code is yellow and has stayed closed.
The City of Middletown requested that the Town close the road.
It’s really the Town’s option if they want to re-open
that road all they have to do is to inform the City of Middletown
that you want it opened. I talked to Mr. Lippert this afternoon
and he was sort of in favor of opening that road up also. That
would give us double access, the one comment tonight was about
the access into the property. It would give us access both for
emergency vehicles, police vehicles.
G.
Lake: I did follow up a couple of weeks ago about why that is
closed and I really have no answer for you at this point. Isn’t
there a well or something there also?
D. Yanosh: Yes. When I talked to Mr. Johnson today he faxed me
over a copy of his sketch. It’s down at the end right by
the reservoir. We’re in the process now with the Health
Department. I will give you a copy of theirs to show you where
it is. Once we do our well testing if we get Preliminary Approval
tonight for the Health Department we have to test at least three
wells on our property. We will be able to get access to their
well on their site to make sure there is no draw down between
the two of them. We will cooperate with the City of Middletown
when we do our testing to make sure everything is okay on their
end.
G.
Lake: Dick, are you familiar with that scenario with the well?
D.
McGoey: No. It’s the first time I’ve heard about it.
D.
Yanosh: Today was the first time I heard about it also.
G.
Lake: Let me go through the Board.
A.
Dulgarian: Lot #24, one map shows seventy two acres and the first
page you lead us to believe it is 11.71.
D.
Yanosh: Seventy two acres.
A.
Dulgarian: Will you correct that?
D.
Yanosh: Yes, we will correct it.
A.
Dulgarian: I don’t really have any issues. Dick, all the
variance stuff was covered on this?
D.
McGoey: Yes.
P.
Owen: I don’t really have any issues on this.
R.
Carr: I just have an issue with Mapes Road and how that would
be worked out. I think it would also be a good idea to have two
roads. Right now the City of Middletown isn’t using that
well and it would seem to me that you should test when they are
using that well at the same time to make sure of any draw down
that may occur. What did we talk about in terms of curbs?
D.
Yanosh: The curbs are part of the project.
G.
Luenzmann: The one thing I have is Dick’s comments. Dick,
are you satisfied with . . .
D. McGoey: These issues he should be able to resolve between now
and final approval.
G.
Luenzmann: It looks like a good project to me. The lots are actually
of a pretty good size. The only concern I would have would be
the one entrance. That could be a problem.
D.
Yanosh: We’ve been working with the Town of Wallkill and
the Town of Mount Hope to see about re-opening that road for the
second entrance.
G.
Luenzmann: That’s the only problem I see right now.
G.
Monaco: My concern is the road also. The ground water, are these
homes going to have foundations?
D.
Yanosh: They will have basements, yes.
G.
Monaco: Because lots #4, #5 and #8 seem to have water seepage
at four feet.
D.
Yanosh: We can use footing drains to take care of that.
T.
Hamilton: If they open that road, it will probably be the best
move. My other comment is looking at correspondence from our Highway
Superintendent. He’s showing a figure of $25,000 and Mount
Hope is showing a figure of $37,000 for their portion. That’s
got to be straightened out.
G.
Lake: I think the $37,000 the way I understand it is in the Town
of Mount Hope.
T.
Hamilton: No, $37,000 is the Town of Mount Hope and another $25,000
is from our Highway Superintendent.
D.
Yanosh: We are in negotiations between the both.
G.
Lake: Mr. Barone, we would need that information before Final?
G.
Barone: Correct.
A.
Dulgarian: I forgot, did we look at this one?
D.
McGoey: There are a lot of meadows and stone walls.
A. Dulgarian: Is that a big issue on this?
D.
McGoey: I don’t believe so.
G.
Lake: The only thing I have is the map has to be corrected between
now and final and Mr. Lippert’s comments.
MOTION
for a NEGATIVE DECLARATION 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.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 7 AYES
MOTION
for PRELIMINARY APPROVAL subject to all comments and straightening
out the mitigation costs 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. Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 7 AYES
G.
Lake: We as a Board should send a letter to the Town asking to
get that road opened. I think we should have a motion on it.
MOTION
to send a letter to the Town asking to get Highland Lakes Road
opened was made by T. Hamilton 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
2. BAUM - 9 LOT SUBDIVISION - VanAmburgh Road (31-1-17) #018-001
G.
Lake: Why don’t you bring the Board up to date on this?
J.
Dillin: This is a nine lot subdivision located on VanAmburgh Road.
It received Preliminary Approval in 2002 and we’ve proceeded
to the Orange County Health Department and now have their approval.
We’re now back to the Board for Final Approval.
G.
Lake: Was that the only outstanding issue, the Orange County Health
Department?
L. Dodson: We did visit on the site. Essentially they have no
objection to the delineation lines once the changes are labeled.
Initially they had wanted to make some changes in terms of how
the driveway went across the wetlands. When I explained the fact
that would be in the line of a proposed road extension, it was
good planning because it would reduce the wetlands. They haven’t
yet issued the letter.
G.
Lake: So, at this time we have nothing from them?
L.
Dodson: The Health Department letter but they have no objections.
G.
Barone: Mr. Lake?
G.
Lake: Go ahead.
G.
Barone: I don’t know whether or not they received an extension
for Preliminary Approval. It’s been more than a year.
G.
Lake: You had an extension on August 7, 2002.
D.
McGoey: That was the approval date.
G.
Lake: Do you recall receiving an extension?
J.
Dillin: I don’t believe we did. It took all this time to
get Health Department approval.
G.
Lake: I don’t believe he received an extension.
G.
Barbone: If they are in the Health Department they have to come
back to extend the approval on the basis of hardship.
G.
Lake: Right.
G.
Barbone: As it stands, his approval has expired.
G.
Lake: We don’t have it anywhere that you received an extension.
J.
Dillin: I don’t think we did.
G. Lake: What does he have to do, re-apply?
G.
Barone: He has to make a new application and go through the process
again.
MOTION
to TABLE this application for further action 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.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 7 AYES
3. CARD - 2 LOT SUBDIVISION - VanAmburgh Road (36-1-92) #39-003
D.
Yanosh: I am the surveyor for the project. With me is Mr. Card
the owner of the property.
G.
Lake: Were you to the Zoning Board of Appeals?
D.
Yanosh: We went to the Zoning Board of Appeals for a smaller lot
width to the stone wall. We got denied by the Zoning Board of
Appeals. Now we’re back to the original plan of two hundred
width of the building setback line. It has a small flag lot in
the front. It is a two lot residential subdivision. Our lot being
3.77 acres and the remaining being 3.27 acres.
G.
Lake: You went to the Zoning Board of Appeals to try and maintain
that stone wall, is that correct?
D. Yanosh: Yes.
G.
Lake: I think we sent you with our blessing, right?
D.
Yanosh: Yes.
G.
Lake: Let me go through the Board.
A.
Dulgarian: This is the house that looks to be either done or being
built way back in the woods?
D.
Yanosh: Yes.
A.
Dulgarian: That’s the only house on this property, correct?
D.
Yanosh: Yes. Mr. Card’s son is building a house on it.
A.
Dulgarian: I have no problems with this. It is very nice out there.
P.
Owen: Nothing.
R.
Carr: Nothing.
G.
Luenzmann: I have nothing.
G.
Monaco: Nothing.
T.
Hamilton: I am just looking real quick to see what the Highway
Superintendent says.
G.
Lake: I will get back to you. Dick’s comments?
D.
Yanosh: The only thing is the Highway Superintendent really. He
issued the Driveway Permit
