TOWN
OF WALLKILL PLANNING BOARD
MEETING
DECEMBER
3, 2003
MEMBERS PRESENT: G. Lake, R. Carr, A. Dulgarian, G. Luenzmann,
G. Monaco, P. Owen
MEMBERS
ABSENT: T. Hamilton
OTHERS
PRESENT: G. Barone, D. McGoey
1. PUBLIC HEARING 7:30 P.M. - OLORI CRANE - SITE PLAN/SPECIAL
USE PERMIT - Fini Drive (41-1-77.3) #037-003
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
3rd day of December, 2003 at 7:30 P.M. or as soon thereafter as
the matter can be heard that day on the application of Olori Crane
Services, 11 Seeger Drive, Nanuet, New York for approval of Site
Plan and Special Use Permit for an equipment storage and repair
shop located on Fini Drive near Goshen Turnpike and Interstate
84, Tax Map Parcel Section 41, Bock 1, Lot 118, under Section
249-39 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
G.
Lake: Do you have your mailings?
T.
DePuy: Yes I do.
G.
Lake: Mr. DePuy bring us up to date since you were here last,
please.
T.
DePuy: Basically Olori Crane is looking to move into the building
located on Fini Drive and owned by FASA Construction. They are
looking to store cranes and other equipment outside and do some
repairs inside the building. Additionally, we are providing some
buffer screens along both side yards and put some additional landscaping
up against Fini Drive. The other issue was whether the portion
of land in front of the County Highway was considered a front
yard and there was an interpretation by the Planning Board Attorney
that it was not restricted to a setback on the rear yard.
G.
Lake: Let me go through the Board.
A.
Dulgarian: I will wait until after the Public.
P.
Owen: I will wait.
R.
Carr: I will wait.
G.
Luenzmann: I will wait.
G.
Monaco: I will wait.
G.
Lake: Is there anyone from the Public who wishes to comment on
this application?
MOTION
to close this PUBLIC HEARING at 7:32 P.M. made by A. Dulgarian
and seconded by P. Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES
G.
Lake: Do you have Dick’s comments?
T.
DePuy: Yes.
G.
Lake: How did you make out with the Zoning Board of Appeals?
T.
DePuy: We didn’t have to go to the Zoning Board of Appeals
because we received an interpretation by the Planning Board Attorney.
Item #3 as we had indicated in the work shop at the previous meeting
in the MI zone there’s an indication about doing small repairs
inside however, the size of the cranes there is some work that
has to be done outside and I think that has to be put in any resolution
that’s granted that they’re no going to do a lot of
work outside but what they have to do outside on the cranes.
D.
McGoey: Is there anyway of getting a description of what work
will be done outside so we have it on the plans?
Mr.
Olori: There are situations with any oversized equipment that
require more height than in a building such as changing a cable
that goes up the boom or to fix the boom has to be done outside.
Various things like that. You just can’t do such repairs
inside. To pull a motor out you could do it inside but there are
many things that you just can’t. There are times on a hydraulic
crane when you may take the boom off and that has to be done outside.
D.
McGoey: Maybe we can have some sort of a note on the plan that
explains that.
G.
Lake: I was going to ask are you going to have a designated area
with a concrete pad that the work will be done on in case of spillage.
Mr.
Olori: We don’t in our present area but we do. We are bound
by all the regulations anyway. We’re very cautious about
that. We clean up as quickly as we can on any of that stuff.
G.
Lake: You have to assume that a crane probably holds about forty
quarts?
Mr.
Olori: Yes.
G.
Lake: I think we will discuss that a little bit more later.
T.
DePuy: The adjoining owner was Albert Fini Sr. and they had been
down there and cleaned up the property. I think they’ve
reached all the prefab structures and removed most of the debris.
They have one pile of debris to wait for another dumpster to show
up to clean that.
G.
Lake: Let me go through the Board.
A.
Dulgarian: Does the new plan show the additional landscaping?
It doesn’t show on mine.
T.
DePuy: We put some additional hardwood trees.
A.
Dulgarian: What about the back?
T.
DePuy: We had a discussion that we didn’t have to screen
the back side because of the hill.
A.
Dulgarian: I didn’t realize that you were just taking lot
#1. Is that going to be enough space for storing the cranes there?
How many cranes are you going to store there?
Mr.
Olori: At our Nanuet site anywhere from sixteen to twenty at any
one time. What’s going to be up here I can’t tell
you. It will depend on the market and how the market goes in this
area. We do come into this area right now and we’re trying
to spread ourselves out a little bit. I don’t intend to
take everything out of Rockland County and bring it up here. Right
now we may park three cranes up here. As the market develops it
could change. They can also be parked inside. At this time of
year I would like to have more inside if I could.
A. Dulgarian: They won’t all fit in this building?
Mr.
Olori: The cranes will fit in but not all of them.
A.
Dulgarian: The other equipment vehicles, you said . . .
Mr.
Olori: We will have one that goes up to the ceiling.
A.
Dulgarian: You also have some sort of a service truck to subsidize
the cranes?
Mr.
Olori: A pick up truck, yes. My yard presently has three pick
up trucks and two flat trucks. There could be one pick up here
and possibly one flat.
A.
Dulgarian: Is it a duty flat truck?
Mr.
Olori: Yes.
A.
Dulgarian: Are they going to be shown on the site here as parking
or is that . . .
D.
McGoey: There is a limit of storage to be shown on the plan.
A.
Dulgarian: You said you were going to have four?
Mr.
Olori: No. We were told to show what size cranes they would be.
T.
DePuy: About fifty.
A.
Dulgarian: I just have some concerns that it’s not enough
property without using lot #2 over there.
Mr.
Olori: I understand that we’re going to put screening between
us and lot #2. I’m not going to put screening up and have
my men run all over it. They drive these things down through city
streets so it’s not like . . .
P.
Owen: I don’t think we ever came to a decision about the
screening on Goshen Turnpike.
T.
DePuy: I thought everybody was going to go out from the Board
and look at it.
P.
Owen: I think it is quite a drop and could be tough screening.
Maybe you could plant along here.
T.
DePuy: You are saying by the bank.
P.
Owen: Right where the County right-of-way is.
R. Carr: I have no problem with it except with the amount of work
that may be done outside and the possibility of spillage.
Mr.
Olori: At this point we can’t say. Generally speaking when
we break something in front we try to do it on a concrete floor
pad. There’s cases where it happens outside. I know the
value of the piece of property. I would go the extremes to try
to keep it clean.
R.
Carr: You never know when an accident may occur.
G.
Lake: I think the work area should have something under it maybe
cement. I know I would feel better about it. This way it would
solve some of the concerns of the Board including myself. A concrete
pad would solve the problem.
Mr.
Olori: It’s difficult to say that you can put one pad in
to take care of that.
G.
Lake: We could designate it on your plan as a repair pad or something
like that.
G.
Luenzmann: You’re down in Nanuet.
Mr.
Olori: Yes.
G.
Luenzmann: I drive down there many times. I don’t see anything
wrong with it The only concern I have is with any spillage that
may occur. I don’t mean to be difficult but it’s no
different than any truck, tractor-trailer or a dump truck.
Mr.
Olori: I know.
G.
Luenzmann: I have to agree with our Engineer on this.
D.
McGoey: Yes.
G.
Monaco: I would also have a problem with the possibility of spillage.
(Not clear).
Mr.
Olori: You can if you put just big ones there. I could put three
small ones and one big one. I’m not going to tell you five
cranes and then you see fifteen.
G.
Lake: My only problem as far as the landscaping along Goshen Turnpike.
I go by that place often and to ask them to spend money on something
with the hill there and the building set down. But I do think
it would nice to get a work area for the cranes. I think that
would satisfy everybody. Dick, do you have anything more?
D.
McGoey: No. I have to agree with the work area.
T.
DePuy: They have agreed to put in a twelve by twenty five work
area in a set area.
G. Lake: Good.
R.
Carr: Dick, is a twelve by twenty five work area sufficient?
G.
Lake: Do you want to work that out with Dick before we sign the
plans?
T.
DePuy: Yes.
MOTION
for a NEGATIVE DECLARATION made by G. Luenzmann and seconded by
G. Monaco.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES
MOTION for SITE PLAN/SPECIAL USE PERMIT subject to D. McGoey’s
comments made by G. Monaco and seconded by R. Carr.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES
2. PUBLIC HEARING 7:35 P.M. - PET MEMORIAL - SITE PLAN/SPECIAL
USE PERMIT & LOT LINE CHANGE - O’Haire Road (46-1-118)
#045-003
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
3rd day of December, 2003 at 7:30 P.M. or as soon thereafter as
the matter can be heard that day on the application of Pet Memorial
Services c/o Green Tree Services, 770 East Market Street, Suite
145, West Chester, PA 19382 for approval of a Site Plan &
Special Use Permit for a 3.7 +/- acre parcel on O’Haire
Road, just north of Interstate Route 84 and 0.33 +/- mile south
of New York State Route 211 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
L.
Mosher: I’m a Licensed Engineer working on this project.
At the last Planning Board meeting we received comment letters
from Mr. McGoey.
G.
Lake: The mailings have been handed in.
L.
Mosher: Since the last time we were here before your Board on
this project there were some comments from your Engineer and addressed
those by modifying the plan to provide additional landscaping
and to provide a dumpster enclosure and to indicate clearly that
the drive and the parking area would be paved. We have also added
a note to the plan at your Engineer’s request indicating
that the New York State Department of Conservation approval for
portions of this application are required.
G.
Lake: Let me go through the Board.
A.
Dulgarian: I will wait until after.
P.
Owen: I will wait.
R.
Carr: I will wait.
G.
Luenzmann: I will wait.
G.
Monaco: I will wait.
G.
Lake: At this time, is there anyone from the Public who wishes
to comment on this application?
J. King: I have another work session I had to attend also. I’m
here as a resident and also here as a Councilman for this ward.
I have a couple of questions. I went to a Public meeting the other
day and it was held at the Howells Fire Department. There were
some things that came up. One of the things that concerns me right
off the bat is the storage of the flammable substances. If obviously
if you’re going to be burning these animals you’re
going to have to have something there that is going take care
of the fire. Will there be sprinkler systems on the site. The
hours of operation. As far as I can see, the concerns of the landscaping,
paving, and the enclosure of the dumpster that’s really
not going to do something with regard to the emissions. I don’t
believe that anything was said about emissions that are going
to come from the site. I just want to say one thing about the
people from the Red Town area. These people are not nimbees. They
live in an area where there is multiple use right now. There agricultural
processes, commercial buildings there and residential areas right
there and these people are not out fighting against every project.
They have a large insulation facility that has just been down
there. People live with it and they are good neighbors over here
and they should be listened to and take their comments very seriously.
The other thing I have to say is and I say with respect to our
Counsel, I understand that there was a letter that was sent from
our Counsel to the Planning Board saying that there is basically
no difference between the cemetery and a crematorium and I disagree
adamantly with that. There is obviously differences. You don’t
have emissions with a cemetery that you would if you were burning
or cremating animals. Thank you.
V.
Moore: Before the meeting continues I just have a question regarding
the mailings that went out to people. These people said to me
that they did not receive notice by Certified Mail, that they
received it through the regular postal service. According to our
regulations for the Public Hearing, that such notice shall be
mailed by Certified Mail and prove of compliance shall be given
to the Board.
G.
Lake: Mr. Barone, if this is so . . . Everything we have here
has a Post Office mark.
V.
Moore: They don’t have signatures on it though.
G.
Barone: That is different. It is not an adequate notice. It should
have been done by Certified Mail, Return Receipt. We’ve
had similar problems before.
G.
Lake: I’m afraid what might happen, we may have to stop
the review of this.
G.
Barone: Since most of the people are obviously here, you can take
their comments.
G.
Lake: I think that’s fair to them. They are here. There
is no way we could close this Public Hearing until they meet the
proper mailing. Do you understand what’s happening?
V.
Moore I do.
G.
Lake: Do you have anything else?
G.
Barone: You certainly can’t close the hearing without giving
proper notice but we’ve given notice in the paper we can
continue it by vote giving notice by Certified Mail as well as
another notice in the paper published by the applicant. At that
point, the Public Hearing opens. In my view, these comments could
be entertained tonight and we’re going to have a continuation
at another date. The applicant’s not objecting to it.
L. Mosher: We absolutely are. It’s obvious that many residents
in the area did find out either through the mailing that we sent,
not Certified, but we have proof of mailing from the Post Office.
It’s obvious that they’ve also talked to their neighbor
and made them come out. Let’s give them a chance to speak
and then hear what they have to say and then we will continue
the Public Hearing with you.
V.
Moore: Can you explain what we have to do?
G.
Lake: What you’re going to do is give us your comments.
We’re going to call everyone’s name up, the information
will be put into the record, with the understanding that the Public
Hearing will be left open.
V.
Moore: But this will be considered a legitimate part of the Public
Hearing, that’s what I want to know?
P.
Owen: Not in my opinion.
V.
Moore: That’s what I’m afraid of.
G.
Lake: You what then, I’m willing to table it until you can
re-publish. I don’t have a problem with that. My other trouble
is I’m trying to give you the full courtesy of the residents
being here.
V.
Moore: I appreciate that.
G.
Lake: But if you have that fear and later on down the road an
argument in court against us and I would prefer staying out of
court.
R.
Carr: All these people are here.
P.
Owen: I just think there are some questions about this with the
wrong mailing sent and I feel the Public Hearing should not be
opened until the proper procedures are done.
A.
Dulgarian: I don’t doubt Mr. Owen’s expertise. I think
they should have to go through the proper procedures.
P.
Owen: I don’t know what it is. I think there are some questions
about it.
G.
Lake: What I’m saying, the people are here but I understand
what you’re saying.
G.
Luenzmann: Where ever the vote goes eventually it might go to
an Article 78.
G.
Lake: That’s my fear. My concern right now is protecting
the Town before we make a mistake.
G.
Monaco: You can have the comments become part of . . .
