TOWN OF WALLKILL PLANNING BOARD
REORGANIZATION
MEETING
JANUARY
7, 2004
Meetings: 1st & 3rd Wednesday of the Month
Extra meetings if needed 2nd & 4th Wednesday of the Month
or work sessions
Newspaper
Middletown Times Herald Record
TOWN OF WALLKILL PLANNING BOARD
MEETING
JANUARY
7, 2004
MEMBERS PRESENT: G. Lake, R. Carr, A. Dulgarian, T. Hamilton,
G. Luenzmann, P. Owen
MEMBERS
ABSENT: G. Monaco
OTHERS
PRESENT: G. Barone, D. McGoey
1. PUBLIC HEARING 7:30 P.M. - RUSSO - 2 LOT SUBDIVISION - Dosen
Road (14-1-14.42) #086-002
G.
Lake: Public Hearing started at 7:31 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 the Town Hall at 600 Route 211 East, in said Town on the
7th day of January, 2004 at 7:30 P.M. or as soon thereafter as
the matter can be heard that day on the application of Daniel
& Loriann Russo, 431 Dosen Road, Middletown, New York, 10941
for approval of a two lot subdivision, located on Dosen Road,
1,500 feet Northeast of Decker Road under Article III, Section
4, Paragraph G 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: Do you want to bring everybody up since the last time you
were here?
D.
Yanosh: Nothing much from the last time we were here. I moved
the house back so we have, the setback is one hundred fifty feet
where the house is going to be. We are still in the process of
meeting with Eustance & Horowitz on the septic design. The
weather, the way it’s been, has been terrible for us to
get out there to try and do something with all the rain and snow
we’ve had. So, we’re still waiting on that. One of
Dick’s comments from before was the Department of Environmental
Conservation with the verification of the wetlands. I have a copy
from them I will give you for the file.
G.
Lake: Let me go through the Board.
A.
Dulgarian: Not at this time.
P. Owen: I will wait.
R.
Carr: Not at this time.
G.
Luenzmann: I will wait.
T.
Hamilton: I will wait.
G.
Lake: Is there anyone from the Public who wishes to comment on
this application?
D.
Cahill: I live next to the property.
G.
Lake: Come on up.
D.
Cahill: I’m not sure what exactly is going on here. I know
they wanted to build a house there when I spoke to the guy that
surveyed it and he said that they have enough property there to
put a house on. Where this is, when you turn into my driveway
there is a field there. I own half of that field and then my driveway
goes around the field. They want to put the house down in the
corner and I thought they had enough land to do that. I don’t
know anything on this.
G.
Lake: All that’s happening tonight, it is a two lot subdivision
on this parcel. The map, Mr. Yanosh maybe you can point and show
them where they are.
D.
Yanosh: There is where the existing house is now.
D.
Cahill: Right.
D.
Yanosh: And this is the open field that goes through here. The
house will be tucked here in the corner and your well is over
here and your house is probably back in here someplace a little
bit further back here.
D.
Cahill: My driveway is over here.
D.
Yanosh: It comes in right in here someplace. There’s the
tree line that goes through here. There is the pole right there.
Your driveway must be just past where the pole is, right?
D.
Cahill: Yes.
D.. Yanosh: I think that’s the property line.
D.
Cahill: Yes.
D.
Yanosh: The reason that we’re here at the Planning Board
is it’s a subdivision and they have to review the plans
to make sure that they conform to the zoning. The Engineer looks
at it and the Planning Board looks at it and things like that.
D.
Cahill: I have no idea what this is all about.
G.
Lake: That’s fine. We would rather have you come now than
be upset later. For this Public Hearing, we take any comments
from you and so far you just didn’t understand what was
happening and hopefully he has just explained to you what they
are doing next to you.
Mrs.
Cahill: So, they do have enough land and everything?
G.
Lake: Yes. It’s all done. He has to submit it and come in
to a work session with it with our Engineer who also checks it.
The septic will be checked by another Engineer before there is
a final sign off on it. The well distance is checked. That is
all checked.
D.
Cahill: I got this letter and didn’t know what was going
on.
G.
Lake: That’s why you get it just in case you know something
that we don’t. That’s what we’re looking for
actually in case there is something there that we didn’t
see.
D.
Cahill: I do have one question. Don’t they have to have
a certain amount of footage, both front and back?
G.
Lake: Yes.
D.
Cahill: Because I was told I couldn’t build in the field
because I didn’t have enough road frontage there.
G.
Lake: It depends upon the zone.
D. Yanosh: It is in the RA zone. The zoning says that the minimum
lot width for the house setback line is one hundred fifty feet.
That’s why the house has to be back so far. You can do flag
lots in the Town of Wallkill and have a minimum of forty or forty
five feet of road frontage as long as where the house is built
the lot width is one hundred fifty feet.
T.
Hamilton: It’s not actually at the road. The setback line
is actually where the front of the house is.
D.
Cahill: I see.
G.
Lake: Where the house is, that has to be where the front of the
house is, the one hundred fifty feet across. That house can’t
go forward. Now if that lot got narrow in the back then obviously
he needs to find the one hundred twenty five feet in this particular
zone to make that width.
G.
Lake: Anything else, sir?
D.
Cahill: I just came down for nothing.
G.
Lake: No. We’re glad you came.
MOTION
to close this PUBLIC HEARING at 7:40 P.M. made by G. Luenzmann
and seconded by P. Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES
G.
Lake: Mr. Yanosh, do you want to go through Mr. McGoey’s
comments, please?
D.
Yanosh: Has the Highway Superintendent looked at the plans, item
#3.
D. McGoey: I was checking for the prevailing speed.
D.
Yanosh: I see what you’re saying. I can do that.
G.
Lake: Did you see him about the driveway pipe, the ditch work,
and right-of-way widening?
D.
Yanosh: Right.
G.
Lake: Do you have any problem with that?
D.
Yanosh: No. I believe we do show it.
G.
Lake: The other comments?
D.
Yanosh: I have no problem with those. We will verify the site
distance with the prevailing speed and make sure it’s okay.
We still have to go to Eustance & Horowitz.
G.
Lake: Let me go through the Board one more time.
A.
Dulgarian: I have nothing as long as Dick’s comments taken
care of.
P.
Owen: I feel the same way.
R.
Carr: I feel the same way.
G.
Luenzmann: One question. You have a proposed pump station. I’m
assuming the septic is being pumped up hill?
D.
Yanosh: Correct.
G.
Luenzmann: I was looking for the topography to indicate that.
T.
Hamilton: Nothing.
MOTION
for a NEGATIVE DECLARATION subject to Dick’s comments and
the Highway Superintendent’s comments made by P. Owen and
seconded by G. Luenzmann.
A. Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES
MOTION
for PRELIMINARY APPROVAL subject to Dick’s comments and
the Highway Superintendent’s comments made by A. Dulgarian
and seconded by G. Luenzmann.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES
2. PUBLIC HEARING 7:30 P.M. - C’EST LA VIE BEAUTY SALON
- 555 Route 17M (37-10-6.2) #068-003
G.
Lake: Public Hearing started at 7:43 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 the Town Hall at 600 Route 211 East, in said Town on the
7th day of January, 2004 at 7:30 P.M. or as soon thereafter as
the matter can be heard that day on the application of Paula Fidanza,
24 Sunnyside Avenue, Middletown, New York, for the approval of
Spa Expansion C’est La Vie, 552 Route 17M, Middletown, New
York 10940 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
P.
Higby: I am the Architect for the project.
G.
Lake: Would you like to bring the Board up what has happened between
the last meeting and now and a little bit about the work session?
P. Higby: As a brief overview, this is a one and a third acre
parcel at 552 Route 17M, Middletown which is just up the road
from Mid City Transit. It’s basically an addition to an
existing wood frame building and a hair salon. We’ve been
through a number of work sessions and the last one was the 22nd
of December. Dick had a couple of comments. At the work session
we were basically saying we’re trying to establish the extent
of the disturbed area on the site and it does not fall under the
Department of Environmental Conservation regulated storm water
management. We’re disturbing less than the requirement.
Subsequently we are using your guidelines to basically handle
the storm water flow but we’re not required to be under
their jurisdiction. We’ve taken and submitted the plans.
We’ve updated the plans and submitted the plans to the Department
of Transportation for the new entry off of New York State 17M.
That was submitted in the beginning of December, I believe and
they were then going to send them up to Poughkeepsie. We have
not heard anything back from them on our application to them.
Basically their requirement and the Town’s requirements
was to basically try to have a net zero storm water flow off from
the site, proposed versus pre-development and that’s what
we’re trying to do. We’re putting in some storm water
infiltration trenches basically to capture the increased flow
from the paved areas for a twenty five year storm and then to
gradually infiltrate it into the soil. Mr. McGoey had asked to
have us soil borings and test pits and a percolation test taken.
Again, with the weather it’s been difficult to do but we
subsequently got it done and here is a copy for the Board of the
test pits and the results of the percolation tests as well as
a copy of the site lighting that is being used, etc. These are
the mailings. In the nutshell as far as the test borings we’ve
had again, a system of infiltration trenches but also leach pit
drains, eight foot diameter pre-cast drains that we have shown
on the revised plans and we have basically taken a deep test pit
at each one of those locations and it turns out that we’re
getting into some water conditions on the high side of the property,
that side being the north side of the building and down on the
south side of the site we’ve dug test pits there to approximately
eight feet. We got some seepage at the eight feet level but nothing
of any significance. We’ve subsequently taken four percolation
tests at various locations of these other test pits and down in
the lower right hand corner of the site the area that we’re
constructing the infiltration trenches we got a percolation rate
of one inch per thirty minutes and on the left hand side of the
site behind the existing house in the lower left area we got a
percolation rate of one inch in ten minutes. The system is workable.
We may have a little bit of re-design to do to take some of the
pits that we had on the high side of the site and to relocate
them to the bottom of the site. Again, it’s maybe some minor
re-design and some relocation but generally our engineer says
it will handle.
G.
Lake: Mr. Barone, on this, we don’t have the signed receipt.
Do we that on this one?
G.
Barone: On the Certified mailing?
G.
Lake: Yes.
G.
Barone: They don’t have to be a signed return receipt. They
just have to be sent Certified.
G.
Lake: Fine. Let me go through the Board.
A.
Dulgarian: After the Public.
P.
Owen: I will wait.
R.
Carr: Nothing now.
G.
Luenzmann: Nothing now.
T.
Hamilton: Nothing until the Public.
G.
Lake: Is there anyone from the Public who wishes to comment on
this application?
MOTION
to close this PUBLIC HEARING at 7:50 P.M. made by A. Dulgarian
and seconded by G. Luenzmann.
A.
Dulgarian: Aye
P. Owen: Aye
R.
Carr: Aye
T.
Hamilton: Aye
G.
Luenzmann: Aye
G.
Lake: Aye
MOTION
CARRIED. 6 AYES
G.
Lake: Dick, can you explain a little bit more about the drainage.
D.
McGoey: Because of the limitations of the site we weren’t
able to use techniques for storm water treatment and detention
as we normally see in a detention pond. They’ve proposed
to install infiltration trenches and a dry well.
R.
Carr: What is that one line?
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