TOWN
OF WALLKILL PLANNING BOARD
MEETING
DECEMBER
17, 2003
MEMBERS PRESENT: G. Lake, R. Carr, A. Dulgarian, T. Hamilton,
G. Luenzmann, G. Monaco, P. Owen
MEMBERS
ABSENT: None
OTHERS
PRESENT: G. Barone, D. McGoey
1. PUBLIC HEARING 7:30 P.M. - ORANGE PLAZA REDEVELOPMENT - SITE
PLAN/SPECIAL USE PERMIT - Dunning Road & Route 211 East (50-2-5)
#003-003
G.
Lake: Public Hearing started at 7:32 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 Town Hall at 600 Route 211 East, in said Town, on the
17th 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 Middletown
I Resources, L.P. 3 Manhattanville Road, Purchase, New York, 20577,
for the approval of revisions to the Site Development Plan and
Special Permit for the Orange Plaza Mall located at Route 211
and Dunning Road, under Sections 249-38 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
C.
Bazydlo: The application involves an amendment to the Site Development
Plan. There were three previously approved pad size restaurants.
We’re relocating two of those to the eastern portion of
the site eliminating the third one. This project also proposes
to construct a 6,500 square foot free standing retail structure
in the northeast corner of the site. The third aspect is the location
of a 30,000 square foot retail facility on the location that the
Board had previously approved as part of the redevelopment of
the site.
G.
Lake: Let me go through the Board.
R.
Carr: After the Public.
G.
Luenzmann: I will wait.
G. Monaco: After the Public.
T.
Hamilton: After the Public.
G.
Lake: Is there anyone from the Public who wishes to comment on
this application?
MOTION
to close the PUBLIC HEARING at 7:36 P.M. made by G. Monaco and
seconded by G. Luenzmann.
R.
Carr: Aye
T.
Hamilton: Aye
G.
Monaco: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 5 AYES
G.
Lake: Dick these comments? I believe you had another work session
since the last meeting.
D.
McGoey: There are several issues one of which has to do with a
canopy over an existing building.
G.
Barone: If the canopy or awning is a permanent part of the building
then it would have to meet the setbacks. If it is temporary then
it is not part of the structure itself, it does not have to comply
with the site requirements.
G.
Fitamant: Showed where the canopy is located on the Site Plan.
D.
McGoey: Why don’t you show that on a larger scale?
G.
Fitamant: We can do that.
C.
Bazydlo: We’re willing to keep the canopy outside the fifty
foot.
G. Lake: Do you have Mr. McGoey’s comments?
C.
Bazydlo: Yes. The comment concerning the parking in front of Crispy
Creme.
G.
Fitamant: Crispy Creme has provided testimony that the parking
spaces provided are adequate and are the same as other facilities
that they have. Since this is a shopping center with a main drive
through the middle of the parking lot it is somewhat unrealistic
with respect that there would be any pedestrian movement across
that main drive aisle. However, in order to ensure the safety
of pedestrians yield and crosswalk striping as well as a speed
bump will provide adequate protection. Showed on the map.
D.
McGoey: The question that I raised on that yield sign is there
are yield signs and yield signs that require stopping for pedestrians.
It is different language.
C.
Bazydlo: We will provide that. Item #2 is the same response. Comment
#3 is the same response.
G.
Fitamant: Comment #4 we expected to have Ruby Tuesday representatives
today however, we do have an exhibit that shows that we can easily
accommodate one hundred and three patrons in both inside and outside
waiting areas. That gives them sixteen square feet per person.
G.
Lake: What you are saying is one hundred and three overflow? And
that includes people sitting down?
G.
Fitamant: Correct.
D.
McGoey: Is there sitting?
G.
Fitamant: There are benches along the front and side as well as
inside. Comment #5 we’ve addressed and the canopy does not
extend beyond the fifty feet. The elevation view, we submitted
that in the last package.
D.
McGoey: The plans show a wooden fence around the dumpster.
G. Fitamant: We’ve since revised the note indicating that
a masonry wall will be provided around the dumpster for the enclosure.
It will match the architecture of the restaurant. No dumpster
has been shown for retail “H”. We have a compactor
pad shown. We can elaborate on that note and call it a dumpster
as well. Item #10 the Engineer should check with the Water and
Sewer Department. We’ve submitted plans to Mr. Smith and
we still haven’t received any comments from him but what
ever comments they have we will certainly be willing to accommodate
and also Comment #11. Comment #12 the Fire Department. We have
not heard any comments from the Fire Department other than at
the last meeting to provide an emergency access to retail “H”.
We’ve provided that on the drawing. Comment #13 truck access
to Crispy Creme is unclear. It appears that the truck must either
back in or back out of the loading area. This is unacceptable.
We do have an exhibit and if it would please the Board if you
would prefer to have a description of the hours. Showed truck
exhibit 35-61 which shows the truck turning movement.
D.
McGoey: They have to back out into that line of traffic.
G.
Fitamant: They could either pull in and back out or another alternative
would be to come in this direction he would pull into the interior
parking slip, pull back in and then (not clear) without backing
into (not clear).
G.
Lake: Didn’t they say that about fifty patrons go to that
store? What times do they deliver?
C.
Bazydlo: Eleven o’clock to five a.m.
G.
Fitamant: We did put that note on the plans.
R.
Carr: On the Site Plan I thought I saw 12 A.M. to 8 A.M. Seven
o’clock would seem to be a very busy time. I don’t
like the whole parking lot.
C.
Bazydlo: We’re willing to change that time to limit deliveries
between 11 P.M. to 5 A.M.
G.
Lake: Tractor trailer?
C.
Bazydlo: Yes. Once per week. It’s not an every day type
of situation.
G.
Lake: Are you more comfortable with that Mr. Carr?
R.
Carr: Some what. I have certain problems with them getting out
of there.
G.
Lake: Let me go back to the Board.
A. Dulgarian: Please come back to me.
P.
Owen: I’m looking at the plan and the drive through goes
to the rear of the building. Is that correct?
G.
Fitamant: Correct.
T.
Hamilton: I question of the piling of snow in the landscaped area.
You’re going to pile five feet in that area?
G.
Fitamant: It’s compacted.
T.
Hamilton: Where are you piling the snow?
G.
Fitamant: The snow will be piled in that area where the landscaped
area is.
T.
Hamilton: You have salt and everything else on the snow and you’re
going to dump it there. What ever landscaping you put in will
be ruined. Come on.
G.
Fitamant: If you look around the site today after the last snow
event . . .
T.
Hamilton: The site looks different than it does today.
G.
Fitamant: When it snows two feet, three feet, four feet in the
woods the trees survive.
T.
Hamilton: Yes but the plowed up snow that you salt and sand and
you’re going to put there?
G.
Fitamant: The trees that we will have will be able to handle the
compacted snow. If you look at the site as a whole it conforms
to the bulk requirement, it conforms to the coverage, and it conforms
to the parking requirements. Given all that if the Board is concerned
with snow removal. It’s a maintenance concern and it’s
understandable but last year this landlord did, and I think the
Board commended that they did a good job and that will continue.
There is plenty of areas on this site. We didn’t take all
the vacant portion of the site where we could possibly dump the
snow.
R. Carr: If it’s a high volume type of fast food with people
getting out of their cars and having to cross that part of the
road. I think you’re going to have a lot of people there.
I don’t think a stop sign will stop the traffic.
C.
Bazydlo: Again, we presented a plan to the Board that has yield
to pedestrians and the crosswalk. We’re proposing a speed
bump there to again, slow the traffic down. There is a high visibility
in that area. Sure, there may be people who park on the other
side of the road and use the restaurant. We’ve provided
a fixed area for parking, signage.
R.
Carr: You are trying to admit to those concerns.
C.
Bazydlo: We just testified that the number of spaces on the site,
they felt were more than adequate and within their own compound
area.
R.
Carr: I just feel that it is inadequate
G.
Fitamant: With the testimony that we’ve provided and the
hours of operation and the peak hours do not coincide with the
retail. That’s a very important factor. With regards to
the loop road, there are stop signs on that loop road. The new
traffic control devices especially at the entrances and exits
to Route 211 there are stop signs also.
C.
Bazydlo: The loop road is not meant to be a thoroughfare around
the site.
R.
Carr: I’m not trying to say you should eliminate stop signs.
C.
Bazydlo: I believe based upon the retail of the other buildings
there and their experience in operating they’re not expecting
a lot of people to be coming. However we have provided on the
plan a significant amount of safety measures for that parking
lot.
G.
Luenzmann: Basically I don’t see the problem with the ring
road because I know down at Wal-Mart there’s a lot of stop
signs and a lot of traffic. In other shopping centers such as
this you need to keep your eyes opened. This plan here is a better
plan than what we saw earlier. I think the one important thing
is the snow removal. You said you were going to put it by the
landscaping. I think it should be looked at again. I think the
comments about the landscaping are probably valid.
C.
Bazydlo: If we put in the landscaping, we’re required to
maintain the landscaping.
G.
Luenzmann: Oh, yes.
C. Bazydlo: If this snow removal plan is implemented and the vegetation
dies off, we have to replace the vegetation.
G.
Luenzmann: You have to replace it because we are very concerned
about landscaping as long as you know that it has to be maintained.
Actually I don’t have a problem with the plan. The bottom
line is the cars have to slow down and the merchants are going
to have to make sure that they have adequate parking.
C.
Bazydlo: This end of the mall right now is un-utilized. You may
have people that may be going through this area at a higher rate
of speed than they would if the parking lot was full. I think
you will see a decrease in the speed of people going in and out
of this area once it becomes occupied.
G.
Luenzmann: One of the things that I would like to mention is that
the ring road is out away from the building. This is actually
better. I’m in favor.
G.
Monaco: I have a problem with the snow removal storage and the
parking for the Crispy Creme.
T.
Hamilton: Dick, you mentioned an alternative for the trucks coming
in and out? Which one are we going to go with?
G.
Fitamant: If I could, we would prefer to pull into the parking
field of Crispy Creme and back out the trucks that way.
D.
McGoey: That’s fine.
T.
Hamilton: Instead of backing right out onto the road?
G.
Fitamant: Right.
T.
Hamilton: The yield sign by Crispy Creme is that a stand up sign
or is it painted on the blacktop?
D.
McGoey: It is both.
G.
Fitamant: I should caution the Board these are more trying to
give you a visual of the site. They’re not exact in every
detail with respect to the site.
A. Dulgarian: Is there a yield sign that mentions pedestrians?
G.
Fitamant: We will finalize that.
T.
Hamilton: Dick, can you look over that snow removal and snow storage?
D.
McGoey: I will look at it again.
G.
Fitamant: As an alternative to the snow if we show five feet here
and we show five feet elsewhere and piled it five feet somewhere
else we’re committed. Obviously, it’s not in our best
interest to leave the snow in the parking field because then the
customers won’t come. It’s of no benefit to that happening
at this site.
G.
Lake: I just watched this last storm and I did notice that you
didn’t leave big piles. I think there were three major piles
by the front and by midday they were gone.
A.
Dulgarian: I disagree with the snow removal. There was snow all
over the place along the back. I understand everything you’re
saying about the parking. It’s definitely not a perfect
situation. As far as the rest of the site plan, I don’t
really have any issues with the exception of the snow removal.
I was there a couple of days after the first snow storm and there
were piles all over the place. My biggest concern is you’re
showing all these snow banks, what’s going to be the visibility
for traffic making a turn. You’re piling a lot of snow.
You’re showing the snow equipment area in the back right
in the snow back.
C.
Bazydlo: Where?
A.
Dulgarian: It says snow removal and equipment area. My point is
I don’t believe this is adequate for snow removal. I have
an engineering question I guess. Your two foot precipitation of
snow you’re saying it’s going to compact sixty five
percent. The minute you move it it’s going to compact.
G.
Fitamant: You’re dumping piles on top of piles.
A.
Dulgarian: Okay, it’s not a process of over a day or two.
You’re going to do a ten foot pile right away and then it’s
going to compact.
C.
Bazydlo: We’re willing to look at it again. We think the
snow storage plan will work however, if the Board has concerns
about that we’re willing to look at it again.
A. Dulgarian: We’ve already had a big storm.
C.
Bazydlo: We will let you know that if this snow storage plan doesn’t
work and we can’t store it in this area then we will have
to remove it from the site.
G.
Lake: I would assume that the Code Enforcer would enforce the
fire lanes and handicap areas.
G.
Barone: They can put a note on the plan if the snow removal plan
is not as specified under Article ? Of the Town of Wallkill Code.
D.
McGoey: There is a note on the plans that they are proposing snow
removal.
C.
Bazydlo: I guess so. It formalizes what we’re willing to
accomplish.
A.
Dulgarian: I have to reiterate. These guys have done an excellent
job on that site. I realize what’s happening there. It seems
trivial about the snow removal but it’s really not. We’re
trying to avoid problems here. I don’t have any other problems
with this.
MOTION
for a NEGATIVE DECLARATION made by G. Luenzmann and seconded by
G. Monaco.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Nay
T.
Hamilton: Aye
G.
Monaco: Nay
G.
Luenzmann: Aye
G.
Lake: Aye
