C. Foti: I’ve already re-submitted this back to Mr. Thorgenson and hopefully since the Army Corps, it should be with Ashley Estates. This is right down the road and hopefully they can get this one processed also.

G. Lake: Let me go through the Board.

1. Dulgarian: I don’t have anything on it.

P. Owen: The only thing I don’t really care for are the common driveways.

C. Foti: That was done at the suggestion of the Planning Board. I can spread them out. I was going to do the same on the other two driveways but there is actually an existing driveway into a lot. That’s why I didn’t do it on the other side.

G. Lake: This is only my opinion. I’m not giving this on behalf of the whole Board but couldn’t this be a better function as an open development. Wouldn’t this be better for this to go to the Town Board and ask for an open development for the four lots and just have one driveway in? It’s up to you.

D. McGoey: Certainly.

G. Lake: This would eliminate all these driveways. This Pine Grove Road is also Howells Turnpike? This is right down the road from Ashley Estates.

C. Foti: That is correct. On some maps it’s Pine Grove and on the original filed map it’s called Pine Grove but it is actually Howells Turnpike.

1. Lake: A little imagination would be well advised. It is up to the rest of the Board.

R. Carr: I think what you said makes a lot of sense for all the reasons you said.

2. Luenzmann: Yes, I follow your suggestion. I would like to see it.

G. Monaco: I’m just curious as to why the Army Corps has this instead of the Department of Environmental Conservation?

G. Lake: Because they are Army Corps lands and not Federal. There is a big difference because they don’t have that big buffer.

D. McGoey: Anything less than twelve and a half acres.

G. Lake: You don’t have your Army Corp stuff. I will ask the whole Board but I’m ready to send a letter to the Town Board suggesting that piece of property is ideal for open development situation.

MOTION to TABLE this application for further action made by A. Dulgarian and seconded by R. Carr.

2. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Monaco: Aye

G. Luenzmann: Aye

G. Lake: Aye

MOTION CARRIED. 6 AYES

5. HIGHLAND PARK ESTATES – Scotchtown Collabar Road (29-1-55) #108-002

C. Foti: This is a three lot subdivision on County Route 47, single family residences, individual wells, individual sanitary.

G. Lake: This is a three lot and not a four lot?

C. Foti: This is a three lot subdivision.

G. Lake: Was it a four lot subdivision at one time? I’m just wondering why we ended up with four?

C. Foti: This is my first presentation before the Board on this.

G. Lake: Let me go through the Board.

3. Dulgarian: Why do you have the houses so close to the road? I know it meets the setbacks.

C. Foti: Basically because of the soils.

A. Dulgarian: Anytime we get out in there in the country it always is nice if we could set them back especially on properties that are an acre and a half. It’s not laid out for the best use. There is no other way of doing that?

C. Foti: Basically . . .

4. Dulgarian: It would change the soils to 40C?

C. Foti: Right and it would mean we would have to put the sanitary up front if they were moved back.

A. Dulgarian: I don’t know. I like the lot sizes but we’ve seen houses on lots this size in this type of area and I still believe they are too close to the road.

P. Owen: I’m just curious about why you put the driveways the way you did on lots #2 and #3.

C. Foti: Basically, I think the County and the State, in fact, liked the style of the driveways together. Right there, as you can see, there is beautiful site distance on those lots.

P. Owen: Wouldn’t it be better if . . . I don’t know. I like the other ones better.

R. Carr: These driveways here. Is this where the driveways are being put in?

C. Foti: This one here, the approved building site, has got a driveway, footings and sanitary.

R. Carr: Okay, and these aren’t?

C. Foti: No.

R. Carr: So, this is where the road is?

C. Foti: That’s correct. About eight feet above.

R. Carr: These houses are below the road and being up close to the road, I know there are other situations like that. It’s almost like they’re looking out from the second floor on to the road. The other thing is, one of Dick’s comments is the driveway because that’s such a steep slope.

C. Foti: We can make an attempt to move the houses back and in a future submission show a driveway profile.

G. Lake: Is this just in for sketch tonight?

C. Foti: That’s correct.

G. Lake: Do you want us to set a Public Hearing?

C. Foti: I would like you to set a Public Hearing.

G. Luenzmann: Just so I understand. These houses are close to the road because you can drain to the back but if you put the houses back you can’t drain to the front.

C. Foti: That is correct.

G. Lake: Without a pump.

G. Luenzmann: I just want to make sure I understand it. I have no problems.

G. Monaco: None of the aesthetics are mentioned but I would like them pushed back a little but I can live with this.

G. Lake: Are there wetlands on this property?

C. Foti: There may be but if there where, it would be way in the back. We’re not disturbing any wetlands.

G. Lake: Are you filling the property in?

C. Foti: No.

G. Lake: The reason is we got a call from the Army Corps of Engineers today stating that Highland Park Estates was filling.

C. Foti: There is no construction at all on here. There is construction up here on this approved site plan, there is construction up here.

G. Lake: Have you been notified by the Army Corps of Engineers?

C. Foti: No, I have not.

G. Lake: Obviously someone called in because they called us. I guess I’m asking you are there wetlands out there?

C. Foti: Not that I know of. There may be wetlands in the back here. There is actually no construction going on.

G. Lake: Are you filling anything in here on these parcels?

C. Foti: I will say no. They’re building a house on this parcel right here.

G. Lake: Any other comments from the Board?

D. McGoey: I think maybe the Attorney should advise you on my note #7.

C. Foti: Dick, can I just say on item #7, according to the soils and the filed map, the sanitary for lot #1 comes under series l.

D. McGoey: Okay. Item #7 is okay.

G. Lake: Dick’s comments. Are you going to have any problems with any of them?

C. Foti: Item #7 was just clarified. I have no other problems.

G. Lake: Did he answer you okay on item #7?

D. McGoey: Yes.

MOTION to schedule a PUBLIC HEARING for February 18, 2004 made by G. Luenzmann 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

6. WALLKILL MANOR APARTMENTS – SITE PLAN/SPECIAL USE PERMIT – Silver Lake Scotchtown Road (50-1-1.2) #051-002

A. Fusco: I am the Engineer of record for Wallkill Manor Apartments. Mr. Silverberg is the Architect. He has shown some of that elevations that were received before but we wanted to remind you that we are looking at some attractive garden apartments on this project. It’s one hundred and four units that we are requesting approval on. We have been working with the Planning Board Engineer in addition to the various other agencies that were required. We have had conversations with Mr. Smith on water and sewer. We have sent this plan to the Commissioner of Public Works for his review. We don’t have any comments back from him at this point. We have had meetings with the Fire Department particularly about the access and we finally settled on the plan which is before you now which limits the wetland mitigation area to under a half an acre, .49. We have had meetings with the Army Corps of Engineers which you participated in. We are moving forward on this project to the point that we have solidified our infrastructure. We have worked with the Town in relationship to joint studies in relationship to transportation and also drainage. At this point we are going to be able to move forward with possibly a Public Hearing.

G. Lake: Let me go through the Board to see if they have anything. Have you made any major changes since the last time you were here?

A. Fusco: We made a couple of major decisions and that is in relationship to the sewer. There was a question as to the capacity of the existing sewer that goes through the project. We have had an option of going through a neighboring property. We’re also putting another line down to Silver Lake Scotchtown. At this point we’ve chosen to do a study with Mr. Smith and Mr. McGoey as to the capacity of the existing line in there. I will call Mr. Smith tomorrow and authorize that so we are going to try and use the existing sewer line that goes through the property. Other than that, there are really no changes. We did submit a new drainage study based upon the new regulations. We did receive a letter of approval from Orange & Rockland recently so we are proceeding on all those basis and we believe that this is the final plan we are going to be working with subject to the conditions that Mr. McGoey had set forth in his recent correspondence. We do have a December 22nd work session comment letter and all his comments will be answered.

G. Lake: How about the road?

A. Fusco: There will be no changes in the grade. It will meet Town specifications. They are planning for it to be a private road as I recall and it will fit the Town specifications. The steepest is just under ten percent.

G. Lake: Under ten percent?

7. Fusco: All under ten percent.

G. Lake: Let me go through the Board.

A. Dulgarian: Not at this time.

P. Owen: I have nothing.

R. Carr: This isn’t different though from the last time?

A. Fusco: Not really.
R. Carr: I recall the buildings down further.

A. Fusco: Let me apologize. It is different from the last time we were at this Board. It is not different from the last work session. So, there have been no changes. Let me clarify that. There were no major changes since the work session but there were major changes since the last formal meeting that we had with you. What had happened is, we had run into a situation were we had the road coming in on this side.

R. Carr: Right.

A. Fusco: What happened is, we had created a wetland situation whereby we would be disturbing more than half an acre so we re-worked the entire project. In fact, the project developer actually bought a piece of land in here so that we were able to cut the grade a little more and we have now been able to reduce the wetland disturbance under half an acre which would allow us to get a Nationwide Permit rather than an individual permit which is much easier to obtain. In doing that we shifted the main road over to the opposite side and we just sort of moved the buildings over. When we were doing this we did have the Fire Department involved to make sure that they were pleased with the new entranceway in relationship to access into the units. We actually used templates in that regard. In fact they also assisted us with the Army Corps of Engineers. We would like to thank everybody who helped us with the Army Corps on that. We have again as I stated moved forward with the traffic and drainage with joint studies. We have agreed to everything that the Town has requested and we also have a contribution towards transportation which has been worked out jointly with all the projects with Mr. McGoey.

G. Lake: I don’t think we looked at a contribution on that, did we?

D. McGoey: No.

G. Lake: On the building.

D. McGoey: Actual construction.

G. Lake: Actual construction. I just wanted to make that clear. They’re not asking for money. I just want to make sure you’re clear on that.

R. Carr: Parking. The parking just meets the minimum.
A. Fusco: The parking just meets the minimum now. We might have one or two spaces more. We’re going to try and squeeze more in.

R. Carr: I would be a strong advocate of increasing the parking. The other thing I noticed about the parking. Most of the parking is up in the far end. There are a lot more parking spaces up there per unit than down in this section here.

A. Fusco: One of the areas we’re really restricted because of the Orange & Rockland easement. Some of our drainage structures are in there. It was a challenge but we will try to add some additional parking. Again, we do meet the requirements. We understand the need for some additional for visitors and we will try and get more parking in.

R. Carr: I feel very strongly about that. The only other thing, Dick has a lot of points such as the details on the Overhill Road access.

G. Luenzmann: Dick, has down here about sidewalks. I guess we were just talking about this little strip here.

D McGoey: We were at a work session with the Town Board when we talked about traffic mitigation through this area.

G. Luenzmann: Yes.

D. McGoey: The Town Board expressed some concern about needing additional sidewalks.

G. Luenzmann: It’s a great spot for sidewalks except I don’t think there are any other sidewalks out there.

G. Lake: There will be. What is happening, if you remember, going back about six months now when we first got into meetings about what area Dick and I also went to the Town Board and I believe Mr. Hamilton said at that point because of all the projects, they want to start seeing sidewalks.

G. Luenzmann: I totally agree.

G. Lake: The Town will have to find the mechanism.
A. Fusco: Mr. Chairman, we have no problem with sidewalks in front of our property. It’s extremely minimum because we have very little frontage.

G. Luenzmann: I know.

8. Fusco: We have no problem cooperating jointing with coordinating the sidewalks.

G. Lake: I probably forgot to bring it up.

A. Fusco: You had made mention of somebody getting hit on Silver Lake Scotchtown Road late one evening. We have no problem in doing our frontage.

G. Lake: Anything else, Mr. Luenzmann?

G. Luenzmann: It looks like Dick’s comments are mostly technical.

A. Fusco: Yes they are. We will have those corrected by the December 22nd meeting. Many of them have already been done since the last submittal. We have gotten responses back from various agencies and we have forwarded. The storm water has been done. We have a lot of that accomplished already.

G. Luenzmann: I have no other comments.

G. Monaco: I have nothing.

G .L ake: If nobody has anything else then, Dick?

D. McGoey: The Fire Department has a number of comments which they will be submitting in.

G. Lake: Have them submit it in writing so we have the comments before the work session so we can go over them.

MOTION to schedule a PUBLIC HEARING for March 3, 2004 made by G. Luenzmann and seconded by P. Owen.

5. Dulgarian: Aye

P. Owen: Aye

R. Carr: Aye

G. Monaco: Aye