T. Hamilton: Just on the lighting and drainage district. Now what if the Town doesn’t pass that?

D. McGoey: It would be different.

G. Lake: The drainage I think they have passed. The lighting has been fifty-fifty I think. We will send it to them any how.

D. McGoey: Some zones they’re agreeing with but the RA zone they’re not.

G. Lake: This is a big difference from when it started. I will now go to the Public.

R. Anderson: I live right next door to the first lot here. I would just like to say I have been on High Barney Road since 1969 and I’ve seen more families, more traffic and more litter than anyone can imagine. Less respect for our neighbors, drivers, the pedestrians and most of all the (not clear). Has anybody from the Planning Board been out to the site at all?

G. Lake: This has been here quite a while. This isn’t our first time seeing this.

R. Anderson: So, you’ve physically seen it.

G. Lake: Yes.

R. Anderson: So, you’re aware of the low line area and one of my questions was the drainage district. What exactly is that? Where does it accumulate? How is it maintained? Will it have any affect on my property, drain toward my property and into the City of Middletown because it does go down to Evergreen Manor there. They have a problem there also with the drainage.

G. Lake: He will explain all of that.
R. Anderson: Like I said, I have been up there for many years. I see a lot of animals back there. A lot of things going on and pretty soon it is going to be gone. I noticed on the plans it said RA. I was looking at the map and I noticed it was an R-2 classification. Which is correct the R-2 or the RA? It may say RA on this but on the maps in the office I believe it was R-2. If that’s the case I was wondering if all the zoning is correct?

G. Lake: We will check that but I’m pretty sure.

R. Anderson: What is the required road frontage for a building lot because I noticed you have a cul-de-sac for four out of the six, one with a separate entrance and one on the opposite side of the road? The land doesn’t percolate good because of the low lying areas so I’m assuming that’s why all the houses are on the back side of the hill. I was wondering if the septic systems will have any affect on this drainage district and will it be harder to maintain plus going back so far you’re going to have a lot of driveways with the tree clearing. Is this also going to affect the type of drainage that we’re going to face. I’m assuming that these would be large homes. I’m looking at three to four bedroom homes. At least they’re going to have at least two cars per house maybe more. I’m wondering about traffic. It is a thirty mile an hour speed limit sign with stop signs. By many they’re ignored. It’s a heavily traveled road. We’re getting more and more buildings up in the Middletown area projects seem to be re-starting there. There will be a lot more traffic. The intersection of County Road 78 and High Barney Road that’s been a big problem for many years. About fifteen years ago there was a suggestion about putting an on-ramp from High Barney Road to the Westminister Drive for easy access on the County Road 78 and it never really appeared. I don’t know what happened with that. Just curious about the type of building going on, there’s a lot of people coming into the area. How does this affect the law enforcement, fire department, emergency response personnel and the Board of Education? We have an influx of students. We have a lot of over-crowding in the classrooms. I would like to finish with having the Planning Board members to carefully evaluate this proposal especially the environmental impact of street lights in the middle of the woods, driveways in the middle of the woods, physically look at the site and show that every ones past, present and future concerns are addressed. Please make a responsible decision in the best interests of everyone and the future of the community and matches the immediate dollar.

D. McGoey: Do you want to leave that letter for the record?

R. Anderson: It’s in pieces.

A. Wieners: I own the house at 167 High Barney Road. It’s also known as 65-1-11.21 which is the first piece of property on my lot number. My concerns here are that the property was sold in 1970, then it was owned by someone else, then the Town owned it and then the County owned it and sold it where Steve Green sold it to me. When the land was subdivided I lost a portion of my driveway since the house was built in 1900 the driveway always went around the back of the house which is no longer on my property as well as my septic also goes behind my house which is no longer on my property. I have concerns about that because when they went in there to cut the trees down the machine ran over the septic tank and leach field. I want to make sure that it’s going to be preserved. I was wondering if that could be grand fathered in.

G. Lake: Hope up right there. Did you hear that?

D. McGoey: Yes I did.

A. Wieners: I talked to the Town Superintendent several months ago and I told him about my concerns about the traffic that’s down my road. First of all, the stop sign is poorly marked and when you come down High Barny Road there is a stop sign when you go through Karen Drive. Cars just fly down at thirty, forty miles an hour. I have a lot of children and there is a stop sign actually nailed to a tree and the cars just go careening over there down the hill and you can hear the brakes lock up. They just virtually slide into the woods.

G. Lake: Is that sign in the Town of Wallkill?

A. Wieners: It is in the Town of Wallkill and it’s nailed to a tree.

G. Lake: Really?

A. Wieners: Another thing is people tend to turn around in my driveway consistently. They have no regard for my privacy. Also I had the police out there a year ago because when we first purchased the house people were parking in there, dumping their garbage. I have concerns about security and the amount of traffic that’s going to increase in there. I also would like to say that I would like to see single family houses. I don’t want to see those big condominiums projects.

G. Lake: That’s what it is.

A. Wieners: Just one more thing. When the house was owned and sold in 1987 and through all the records it showed that my property on lot #1 used to be 54.7 feet and now from what I understand it’s actually greater than eighty feet. I’m also going to lose my driveway on the right hand side of my house as well as two big oak trees. My well is actually inside my house in my cellar. If traffic goes too close to my house it can destroy my well. The well can collapse. Once again, the logging machine did drive virtually over my septic and within fifteen feet of my well.

G. Lake: Okay.

G. Baker: I live at 171 High Barney Road. I’m the last house on the road. My main objective is that my well is only six feet where he wants to run his road down through. That’s always been a private road. My wife has lived there over fifty years. That’s my main concern, my well. Also I’ve been to the Building Inspector in Middletown about the traffic flow. Nobody has ever approved sidewalks on that road any place, not Wallkill and not Middletown, nobody because there is no building code. Somebody is going to get killed. There are a lot of kids on the road. I don’t know if you people have ever been on it and like Mr. Anderson said and Tony, the traffic races up through there. We’ve had the cops up there. You can check with the Police Station how many times they’ve gone in there. It’s unbelievable what’s going on up there and this is just going to cause more trouble. I built houses for a living and we’ve had trouble with Department of Environmental Conservation when we did catch basins and we have enough mosquitoes there now and I remember my kid ice skating where he wants to put the catch basin because there is no percolation there. The guy that tried it before brought a backhoe up dug an eight foot hole and got no percolation. Where is all this water going to go? It’s going to lay there like it does all the time.

G. Lake: That’s part of the drainage district. He will explain that.

D. Coleman: Where the homes are being built. I’m a first time home owner. When I purchased my property the builder told me that nothing would be built behind my house. Now there will be no more privacy. There are woods back there and the trees are needed. I’m just not in favor of this.

G. Lake: Unfortunately, for someone telling you that.

A. Dulgarian: Unfortunately, the owner of the property can develop with approval.

G. Lake: You’re in the City of Middletown actually, right?

D. Coleman: Right but my property line is in the Town of Wallkill.
G. Lake: We strongly encourage every developer to leave as many trees as possible. We have discussed this with many of them. We have always felt strongly about that. Unfortunately somebody telling you something not be built behind there, I notice a lot of people hear to never have to worry about something behind you, I hate to tell you this they just told you wrong. The only way that happens is if you want to buy the land. That bothers this Board more than anything else when we hear something like that.

R. Velez: I am the owner of 38 Dogwood Drive. As we were told by the contractor when we purchased that there wouldn’t be nothing built behind us. In fact he led me to believe and I inadvertently invaded that property by forty or fifty feet because that was where the red markers were and he said that the property surveyor actually said that instead of the original 75 x 100 the property went back another fifty feet. My house is thirty nine feet from the Town line. My main concern is the septic tank when they build these houses. Where will the septic tank be placed? As I said I am only thirty nine feet from the property line. If it collapses will the waste come into my area? What are the chances of that contaminating our area? In Middletown, twenty five feet from the street you have to build a house, he went back forty feet and left only nine feet in the back yard. So, we’re right on the property line.

G. Lake: What number are you talking about?

R. Velez: It’s 38 Dogwood Drive, lot #18.

G. Lake: Okay.

R. Velez: My concern is like I said the septic tank where will they be placing them. All of these houses are going to be single family homes?

A. Dulgarian: Yes.

R. Velez: There is going to be no more subdivisions, just coming to be six houses built?

G. Lake: No further subdivision is on the map. Single family use is on the map.

R. Velez: So then my main concern then would just be the septic tank. How will it affect us and will there be some type of guarantee if by chance there is a collapse of the tank?

G. Lake: First off, we send this back out. Will this go to the Health Department or to Eustance & Horowitz?
D. McGoey: Eustance & Horowitz.

G. Lake: We also have our own Engineer double check his work. The fields which fail most of the time is designed to be expanded fifty percent beyond what’s needed in case something does happen. We have an expert look out on this but we also have our own Engineer.

D. McGoey: Their septic system is lower in elevation than your house.

A. Dulgarian: And it’s more than two hundred feet away.

R. Velez: The houses that they plan to build will not be forced back to the property line so there will be some distance between the houses?

A. Dulgarian: Not on lot #3.

R. Velez: The other thing was that you mentioned was about purchasing. I did get in contact with the owner and offered to purchase some and he wasn’t at liberty to do it at that time. If there was a way we could purchase some property behind our house to keep that division that’s something I would be willing to do. I don’t know if it’s possible or anything.

G. Lake: That’s beyond us.

T. Hamilton: Did Dick check the zoning, what is it?

D. McGoey: RA zoning is more restrictive than R-2.

G. Lake: Do you want to answer some of these?

J. Tarolli: I will go in reverse order. Mr. Velez house is here and our proposed house is probably one hundred eighty to two hundred feet away. We do have a house here that is within. . .

A. Dulgarian: But the septic is in front of that house.

J. Tarolli: Some of the houses are within fifty feet of the property lines. The septic systems are further away from the property line and the houses that Dick mentioned are down hill so if the septic system should fail or the tanks fail and overflow it would flow away from the houses in the City and towards High Barney Road. Going back in terms of the builder saying there were no trees cut, all we can say is the property survey with all the pine trees. There are no restrictions on our property cutting trees on lots of ten to twenty times in size from the lots in the City of Middletown. There’s not a tree left or barely that this development can even see. The reason is because they are seven thousand square foot lots and everything had to be taken out. We don’t have that situation. It costs money to take trees out. The homes that are here and here the septic system area, the house and their driveway, you have to spend a lot of extra money to tree cut this. If it’s not the normal ten feet to do it on a big lot so the chances of this development looking like the development in the City of Middletown are virtually nil.

D. McGoey: Do you have a problem putting some restrictions on the subdivision plan against cutting those trees along their property Mr. Hubert?

Mr. Hubert: No.

J. Tarolli: A reasonable note, we would have no problem. If you want to suggest something that you’re comfortable with, we will certainly consider it.

G. Lake: Go on.

J. Tarolli: We have no sewer systems in the lower area. The low area of this property is here. My hand is on two cul-de-sacs. There is a State regulated wetland here. We can delineate it and give the Planning Board a copy of the map signed by the Department of Environmental Conservation acknowledging that it is the location. There is a one hundred buffer shown in the area that we’re not allowed to disturb. None of the improvements are in that buffer or the wetlands. The drainage is collected from this fashion to a low spot in the road. We have no septic systems in that low spot and it would go to a small retention area to assure that the amount of water that flows off the site now will flow in that peak amount after development even though we have some additional paved areas. This parcel will flow in the same area it does now. These low areas will go into the larger wetland areas. We’re not increasing the peak rate of flow. The well near. The Baker well is located here. It is about fifteen feet from the property line. The road construction will be about twenty feet from that well. The road construction is very high. We will not be blasting so that well shouldn’t be disturbed. The well in the house for Wiener which he seems to be impacted because of the traffic. The house is located here and it’s probably one hundred thirty feet away from the road. Actually we will be doing our improvements substantially away from the house, I would say that well is as safe as the house is. As far as their septic system allegedly being on our property, we were told by Wiener early on in our project that is was on and we offered a lot line adjustment which we incorporated in the original plan but for whatever reason he failed to complete an agreement with Mr. Hubert for us to transfer that land as part of the subdivision approval.

G. Lake: Can you . . .

J. Tarolli: The offer still stands.

G. Lake: That was brought up back in July. The notes I have right here basically say that you haven’t been able to contact or. . .

J. Tarolli: No. We originally contacted him but we didn’t get a response. The company would not able to consummate the deal. We wanted to do it and had the map to show that.

G. Lake: We did have a map saying that.

J. Tarolli: But we had no authorization from Mr. Wiener. . .

G. Lake: To transfer the proper amount of land.

J. Tarolli: Obviously we give land he doesn’t want. He has to acknowledge that and sign up with Mr. Hubert.

A. Wieners: May I ask a question. He just said he can’t give land away if I don’t want it. I will gladly take it. I don’t want to pay for it. That’s what I’m getting at. I mean the land, it’s been there, it’s grand fathered in, it’s been there since the l900's, the driveway. I don’t know how long the septic system has been there.

D. McGoey: What was the offer, if I may ask?

A. Wieners: It was ten thousand dollars for eighteen feet wide and then fifty feet back behind my house and then it came down to like seventy five hundred dollars which for fifty feet behind my house just for the security of my septic system and then I basically wanted to ensure that I had thirty eight feet off the back corner of my house to preserve the two trees there. Once again, this is different that want the tax map says, the existing Town tax maps.

D. McGoey: How much do you need for your septic system?

A. Wieners: From the road we figured two hundred and fifty feet. The well is in my house on the same side as the septic and there was a house there that they removed. The tank is actually one hundred feet away from my well.

D. McGoey: For your rear lot line, how much additional land do you need?

A. Wieners: One hundred feet.

J. Tarolli: The plan that you have was derived from (not clear) and we superimposed it on the plan. The original lot line change he had met his requirement. Whatever happened was he never got the deal through.

G. Lake: Otherwise have never previously gone out knowing you were coming into this Board that this might become a problem. Nobody has gone out and verified where his septic actually is so we know real numbers.

J. Tarolli: We did.

G. Lake: You know exactly where it is.

A. Wieners: He doesn’t know the real numbers.

J. Tarolli: You gave me the numbers and that’s what we used.

A. Wieners: At the time I talked to you I didn’t know exactly where the septic was. We were speculating where this might be. We had septic problems and now I know where it is.