TOWN OF WALLKILL PLANNING BOARD

MEETING

DECEMBER 4, 2002

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

MEMBERS ABSENT: G. Luenzmann, P. Owen

OTHERS PRESENT: G. Barone, D. McGoey

1. CONTINUATION OF PUBLIC HEARING: WALLKILL DISTRIBUTION CENTER - SITE PLAN/SPECIAL USE PERMIT - East Main Street (78-1-78.1) #013-000

G. Lake: Continuation of Public Hearing started at 7:40 P.M.

J. O’Rourke: I am from Lanc & Tully Engineers.

G. Lake: Give us a brief description a little bit where we’re at and the work session you had with Mr. McGoey.

J. O’Rourke: If the Board remembers this is a sixty plus eight acre site in the PID zone. This is a proposed two distribution centers with about 590 square feet of building space. It’s located in a PID zone in the Town of Wallkill. It borders Midway Park Drive to the east and East Main Street Extension known as County Road 67 to the south. The proposed Wallkill improvements we will have an extension at Midway Park Drive in and around the site back out onto East Main Street with a re-alignment of East Main Street and Golf Links Road intersection. Also the replacement of the Monkey Farm bridge and also the addition of an on-ramp on Route 17. There two storm water detention basins to pick up the storm water off the site.

G. Lake: How about the exit from Route 17?

J. O’Rourke: Yes.

G. Lake: Is that with the County and the State?

J. O’Rourke: That is correct.

G. Lake: And you’re also there?

J. O’Rourke: Yes.

G. Lake: How are you making out with them?

J. O’Rourke: Good. We’ve gotten comments back from Orange County. We’ve responded. We’ve gotten a couple of minor comments with them.

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

A. Dulgarian: Nothing at this time.

G. Monaco: Nothing at this time.

T. Hamilton: Nothing right now.

G. Lake: Since this is a continuation of a Public Hearing, do we have anybody who wishes to speak on this application?

MOTION to close the PUBLIC HEARING at 7:51 P.M. made by A. Dulgarian and seconded by G. Monaco.

A. Dulgarian: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

Motion carried. 4 AYES

G. Lake: Dick’s comments. Have you gotten the latest?

J. O’Rourke: Yes.

D. McGoey: Other than landscaping, I have some landscaping issues, stop sign issues but
item #1 which I think is important has to do with the length of the slip ramp on to Exit 122. I think you sent me the cue lengths of through movement but that slip ramp may be blocked if you don’t make it a little longer.

J. O’Rourke: This is the slip ramp here. I spoke with Raymond Keyes and unfortunately the problem they have is the entrance to Northern Windows. If we extend that any further we are into their entrance drive.

D. McGoey: Why can’t it be into the entrance drive? The entrance drive doesn’t have to go away.

D. Simone: They would come out onto the slip?

D. McGoey: Yes, sure.

D. Simone: You don’t have an issue?

D. McGoey: I don’t have an issue.

G. Lake: How about the County?

D. Simone: I don’t know if they will have an issue.

T. Hamilton: Did Northern Windows give that right-of-way, that piece?

D. Simone: Yes. They’ve offered the right-of-way.

T. Hamilton: All the way down to the end?

D. Simone: The whole length. If the County doesn’t have an issue with it, we don’t have an issue with it.

D. McGoey: Take it to the property line.

G. Lake: How many cars will we get, a couple more Dick?

D. McGoey: Probably three more.

D. Simone: You would probably get another fifty foot length.

G. Lake: Just so we’re straight on this, you’re willing to revise that all the way to the property line of Northern Windows.

D. Simone: As long as the County doesn’t have any issue with that, we don’t have an issue with it.

G. Lake: You think that will be good, Dick?

D. McGoey: Yes.

A. Dulgarian: We’ve never had too much.

T. Hamilton: Actually they are giving more.

G. Lake: It is a County Road and they will look into that. Dick, how about these other comments?

D. McGoey: I would say to the applicant, do you have any problems with the other issues?

D. Simone: There’s only two here I just wanted to discuss briefly. Item #3 regarding the work to be done in the right-of-way on Golf Links Road and the extension of the existing driveways.

D. McGoey: Right.

D. Simone: I’m just wondering why that would be required to get consent when all the work is being performed within the County right-of-way?

G. Barone: Are you moving their access point?

D. Simone: No.

G. Barone: You’re not re-configuring anybody’s driveway?

D. Simone: No. They’re just being extended out to the road.

T. Hamilton: They’re extending it. They are moving it. They’re making their driveway longer. That’s what we’re looking at. We’re actually making their driveways longer to get to the main road.

G. Barone: You’re re-locating the road. The road is shifting and some driveways are going to be longer.

D. Simone: Yes.

G. Barone: And you physically have to change their driveways?

D. Simone: (Not clear).

G. Barone: Will they do this work between normal working hours. Will it interfere with their ingress and egress? In my view, you’re going to eliminate a lot of potential issues if you go now and you get approval of consent.

G. Lake: Mr. Barone, maybe you can and their lawyer can get together and come up with the proper language for this?

G. Barone: We can do that.

G. Lake: Is that the way you feel about it?

G. Barone: Yes.

D. Simone: My I have devils-advocate for one moment. What if you have a homeowner that says they don’t want the driveway extended ten feet?

G. Barone: Then they would have no legal rights to hold that position.

D. Simone: I would never get their consent.

G. Barone: If it was in the title report and policy that you have grounds. It should be resolved before you start doing those road improvements.

T. Hamilton: Mr. Barone, now with that new extension of those landowners driveways, maintenance to keep up their driveways like plowing it, they will get hit with more fees because their driveways are longer when that section deteriorates who pays to repair it, if they didn’t have to do it before? We need something on paper.

G. Barone: Correct. That’s why it should be resolved beforehand so that everybody who is affected signs off and nobody is upset when their driveway is done otherwise it could be dragged out in court. Now if you have somebody who is being unreasonable you would have no legal right to withhold their consent then we will talk about that in each case. Potentially they will have a nice new section of their driveway. They should be happy, sign the consent.

D. Simone: That wasn’t my issue. My concern was if someone did not want to give the consent.

G. Lake: Why don’t you and these people get together with the County and iron this out to make sure everyone is happy?

D. Simone: That’s fine.

G. Lake: That way we get all the involved agencies.

D. Simone: The only other one which is item #4. When we received the letter from Orange County Soil Conservation on September 18th they had made mention to their concerns to be addressed by the Planning Board were such and such and such. They never actually asked for a re-submittal for their approval and when we tried to contact them subsequently we still didn’t get any response from them and we responded to them the following year.

G. Lake: You made the attempt.

D. Simone: We responded in 2001.

A. Russo: Actually September 18, 2001. That was all included in the SEQRA process.

D. Simone: Yes, because Dick had asked us to try and contact them again prior to SEQRA which we did and we still got no response. That was when we got the response from County Planning that everything was fine.

A. Russo: I guess overall she just wanted to see that the Planning Board just acknowledged that they did the right thing and we certainly did.

G. Lake: You did make an attempt. Are you satisfied with that Dick?

D. McGoey: Yes.

G. Lake: Any other comments or are you okay with them?

D. Simone: The additional landscaping can be provided.

G. Lake: Fire Department comments. No problem with those?

D. Simone: No.

D. McGoey: They just wanted the hydrant located on the opposite side of the entrance drive.

D. Simone: I remember that. I don’t know why it wasn’t done. That will be taken care of.

T. Hamilton: Dick, these road improvements are going be done before Certificate of Occupancy?

D. McGoey: They will be bonded. Yes, they will have to be done before Certificate of Occupancy.

J. O’Rourke: That was our understanding.

A. Dulgarian: Dick, your item about landscaping, that’s something you want to review?

D. McGoey: Yes.

A. Dulgarian: The lighting, that was sufficient?

D. McGoey: Yes.

A. Dulgarian: One comment on the traffic study. It was very good. It was well done. The thing that never came up and happened to me about a week after this is traffic from the west of town into Town making a left turn into the Doctor’s Office was never done. The vehicles stack. They are waiting for the east bound traffic going towards Route 17, a car is waiting to make a left turn and he had to have twenty cars behind him. We never saw that.

R. Carr: Came in at this time.

D. Simone: Actually that was one of the reasons why the County precluded us from having a left hand turn out at that location because they know that problem exists.

A. Dulgarian: That never came up and as impressive as your traffic study was.

D. Simone: The traffic studies isolate for the signalization intersections and they assume two ways of motion between.

A. Dulgarian: My last question is have you built anything like this before?

D. Simone: Yes.

A. Dulgarian: You have?

D. Simone: Yes.

A. Dulgarian: So this is something that you guys are actually going to build, you’re not going to sell the property?

D. Simone: We handle things in many different ways. We have one in Mahwah, New Jersey, 650,000 square feet. We still own it. A lot of users, one thing we’ve been trying to do in the process is to try and find a user for it. We have yet to find a user for it.

A. Dulgarian: I have no problems with this project as long as Dick goes over a couple minor things he thought about. I think they really worked on this pretty good. There was a lot of our suggestions and stuff.

R. Carr: I apologize for not being here on time.

G. Lake: Then it is Site Plan/Special Use Permit subject to all Dick’s comments and our comments from the Board tonight.

MOTION for SITE PLAN/SPECIAL USE PERMIT subject to all of D. McGoey’s comments and our comments from the Board made by A. Dulgarian and seconded by G. Monaco.

A. Dulgarian: Aye

R. Carr: Aye

T. Hamilton: Aye

G. Monaco: Aye

G. Lake: Aye

Motion carried. 5 AYES

2. PUBLIC HEARING 7:35 P.M. - LEE DEVELOPMENT - 2 LOT SUBDIVISION - Murray/Manning Roads (62-1-30.1) #052-002

G. Lake: Public Hearing started at 7:59 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 4th of December, 2002 at 7:30 P.M. or as soon thereafter as the matter can be heard that day on the application of Lee