Development,
Sam Freud, President, 2 Lake Street, Monroe, New York 10950
for the approval of a two lot subdivision of a 7 +/- acre
parcel. The parcel of land is located at the southeast corner
of Manning Road and Murray Road, Tax Map Parcel: Section 62,
Block 1, Lot 30.1, under the Subdivision Regulations of the
Town of Wallkill. All parties of interest will be heard at
said time and place. S/Gary Lake, Chairman
G.
Lake: Give us a brief description of what you want to do.
J.
Nosek: We are proposing a two lot subdivision at the intersection
of Manning Road and Murray Road. One lot is a two acre lot
and the other is approximately 4.9 acres. We are proposing
two single family residential building lots. The homes will
be served by their own wells and sub-surface septic system.
One lot will has direct access to Manning Road and the other
lot will access directly on to Murray Road.
G.
Lake: I will go through the Board before I open it to the
Public.
A.
Dulgarian: Nothing.
R.
Carr: Nothing.
G.
Monaco: Nothing.
T.
Hamilton: What was this piece actually taken out of?
J.
Nosek: It was taken out of a subdivision that was done (not
clear).
T.
Hamilton: That wasn’t part of this 30.5?
J.
Nosek: No.
T.
Hamilton: Dick, on that location map?
D.
McGoey: Yes.
T.
Hamilton: Do you see that lot that is 30.5?
D.
McGoey: Yes I do.
T.
Hamilton: Now it has no access to the road with this subdivision
being created there. This lot is blocked from any frontage.
What happens to that lot later then?
D.
McGoey: That lot already exists Tom. That is just the way
you see it. They’re taking 30.1 and subdividing it into
two lots.
T.
Hamilton: Okay.
G.
Lake: Then that 30.5 has access down to the small piece on
Reinhardt Road.
T.
Hamilton: I just wanted to make sure it had access.
G.
Lake: I will now go to the Public.
P.
Klein: I live on the adjoining lot on Murray Road. This original
subdivision was granted November 23, 1999. My first question
these percolation tests are they from 1998.
J. Nosek: Yes. As well as percolation test #5 which was witnessed
by Eustance & Horowitz Office in 1999.
P.
Klein: Just curious why these numbers are different. You have
six minutes here and fifty seven minutes here.
J.
Nosek: The plan has been changed to reflect the fifty seven
minute percolation. The fifty seven minute percolation was
over in this area more so the septic system was slid over.
P.
Klein: I also noticed that you moved the house location from
this point.
J.
Nosek: That’s correct. The reason why we did that is
because the good soil there or the acceptable soils are here.
Obviously this is a lower line area and as a result we have
to pump up to the leach field.
P.
Klein: If you had the house here, you wouldn’t have
to pump.
J.
Nosek: Unfortunately this is the only area in order to squeeze
this into a very wet lot, we had to put the house below the
septic system and pump the waste up into the system.
P.
Klein: On an already wet lot. Now, you have roof and footing
drains coming down here and I have been monitoring this lot
for about three years now and unless you are going to do some
kind of a slab on grade, you will never get daylight. If you
have a full foundation, you will never get that to daylight.
J.
Nosek: I don’t have any intentions of doing a full basement.
P.
Klein: Okay. So, what is it going to be?
J.
Nosek: It probably will be some sort of a slab on grade.
P.
Klein: Basically you have a lot of specialized things going
on here in order to squeeze in two houses.
J.
Nosek: What do you mean by specialized?
P.
Klein: You have a raised system here. One of my concerns is
you have a shallow trench septic here, you’re pumping
sewerage up into a basically specialized system in order to
get a home on this lot and you basically moved the house over
to here to squeeze this home in on basically a minimum amount
of road frontage into a very wet lot and you’re going
to put apparently a specialized house on some kind of a raised
footing in order to get the footing drain out to daylight.
This lot is basically a bowl. Any water is always going to
sit there. Basically my concern also is that you can see the
stamp there, it is only three years and two weeks to the day
and now we’re going to subdivide it again or at least
attempt to.
G.
Lake: And, that’s why we’re having the Public
Hearing.
P.
Klein: Right.
G.
Lake: Because it is underneath the time frame. That’s
why we want you to talk to us to understand the problems out
there.
P.
Klein: I don’t know if you can answer this but there
are six different revisions over the course of six months.
I wonder if he tried to get a lot there when he originally
did this subdivision plan for Hawkins and if one of those
revisions was for this if for some reason it failed.
G.
Lake: Do you have anything else at this point?
P.
Klein: Not at this point.
G.
Lake: This is yours or did you give that to us?
P.
Klein: No.
G.
Lake: Do you want to answer some of those now?
J.
Nosek: As far as the previous subdivision I was not the Engineer
for the previous subdivision. I believe the firm was the same
but there was a different Engineer so I’m not aware
of whether or not the Engineer at that time proposed to subdivide
this into two lots or not. I had done recent soils testing
in this area and I’d also like to point out that the
soils testing will be reviewed by the Town Engineer and we
will have to demonstrate to him that there is adequate percolation
and so forth before we can obtain approval from this Board.
As far as the system on lot #1 that system has been approved
by the Town Engineer. That is a design of a shallow trench
system which allows us to build up the system a little bit.
The laterals will still and the sewerage will still be within
the top two foot of the original soils but we are building
up. That is considered a conventional septic system and it
is permitted under State Code.
G.
Lake: Stop right there because I want to ask him a question
about this. Dick, does this still go to Eustance & Horowitz
or since he’s building up the Health Department?
D.
McGoey: Eustance & Horowitz.
G.
Lake: Is there a time frame it has to sit before he can use
it?
D.
McGoey: No. It’s a shallow trench system.
G.
Lake: Sir, Eustance & Horowitz is another Engineering
Firm. We will have them check what he is going to do there
to make sure that it is going to work.
P.
Klein: Okay. How about the daylight for the footings?
J.
Nosek: The slope does come down and it comes to kind of a
low flat area here. Obviously the soils percolation is inadequate
in that location so we took advantage of the better provision
on the side of the slope. As a result by placing the house
down we will have to pump up to it. That’s the cost
that the applicant has to bear as a result of trying to take
advantage of the better soils on the side slope of the hill.
There will be some grading done in the house area now whether
the applicant is going to be able to grade it up enough so
that he can put a basement in, it is up to him. If he chooses
not to fill it so much he may be decide to go with a slab
on grade.
P.
Klein: I just have one comment regarding the lot and it has
nothing to do with the current owner. Just maybe the Board
can consider something. Three years ago someone from Sullivan
County came and bought this lot and had drawn lines from this
to this to this. Cut down every tree on the lot and you have
no codes to guard against that. I know when a builder does
a subdivision he is very careful that he doesn’t take
too many trees but a homeowner can come in and basically he
ended up doubling his money in one year.
G.
Lake: Unfortunately we have had this happen in the Town before.
To my knowledge we do not stop people.
P.
Klein: How can you make it so that you can?
G.
Lake: The Town Board would have to do some kind of resolution.
P.
Klein: It’s very heartbreaking what happened to that.
G.
Lake: I had the same thing happen to me. It’s terrible.
I think it is a tough law to get through.
P. Klein: It’s like a wasteland. There is a crooked
crab apple tree here and there is one here. Everything else
is gone.
G.
Lake: Unfortunately there’s nothing you can really do.
Sorry about that one. Dick?
D.
McGoey: The footing drains will put a little water on the
ground but it won’t be a major issue. The lots are large.
The septic will be also reviewed by Eustance & Horowitz.
MOTION
to close this PUBLIC HEARING at 8:13 P.M. made by A. Dulgarian
and seconded by R. Carr.
A.
Dulgarian: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
G.
Lake: Let me go through the Board again.
A.
Dulgarian: I really don’t have any problems with this.
He meets all the zoning requirements and the environmental
control formulas. As far as Site Plan, what we’re looking
at is fine.
R.
Carr: I second that.
G. Monaco: Nothing.
T.
Hamilton: Nothing.
G.
Lake: I agree with Mr. Dulgarian.
MOTION
for a NEGATIVE DECLARATION made by A. Dulgarian and seconded
by T. Hamilton.
A.
Dulgarian: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
MOTION
for PRELIMINARY APPROVAL made by A. Dulgarian and seconded
by T. Hamilton.
A.
Dulgarian: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
MOTION
for FINAL TWO LOT SUBDIVISION subject to all comments made
by A. Dulgarian and seconded by R. Carr.
A.
Dulgarian: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
1. PUBLIC HEARING 7:40 P.M. - HIGH BARNEY WOODS - 6 LOT SUBDIVISION
- High Barney Road (65-1-11.22) #039-001
G.
Lake: Public Hearing started at 8:15 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 day of December, 2002 at 7:30 P.M.
or as soon thereafter as the matter can be heard that day
on the application of High Barney Woods, lands of Jonathan
Hubert for approval of a six lot subdivision on High Barney
Road under Section 249-19 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: Can you give us a brief description of what you want
to do?
J.
Tarolli: This is a twenty five acre parcel of land located
on the border of the Town of Wallkill and the City of Middletown
at the end of High Barney Road. It’s located in the
RA zone and we have six proposed lots. The lots average size
is about four acres. Part of this project is based on a drainage
district. The six lots by themselves are going to be responsible
for filing on an annual basis. The affected area is located
here. There will be two street lights added as part of the
road improvements. One would be here and the other one would
be at the end of the cul-de-sac. Each lot has their own individual
septic system and well for its use.
G. Lake: Let me go through the Board before I go to the Public.
A.
Dulgarian: It’s a lot better than before.
R.
Carr: Nothing.
G.
Monaco: None right now.
