DISCUSSION:

None.

VOTE:

In favor (aye): 5
Opposed (nay): 0

DECISION:

Mr. Smith: The variance is granted; please see the building department.

MIDDLETOWN MEDICAL: Request for a variance of 249-12-F (parking) from the required 214 to 209 spaces; Property located at 111 Maltese Drive (SEC 53 BLOCK 4 LOT 10.2, 55-1-6); Designated HC.

Mrs. Thompson: The mailings were reviewed by the Board and filed by the Secretary. The Public Hearing Notice was read at 8:22 pm.

Mr. Smith: I Move to open the Public Hearing at 8:24 pm. Please present you application.

Mr. Al Fusco: We had sent out 123 letters and only 2 came back. Want an expansion to existing facility in medical office area. We have been to the PB and have increased parking spaces to 214 spaces. We had 158 previously with additional sq/ft put forth short 10 spaces requirement under 249-12-F. We required to have 214 and have 204. The PB directed us to come before you and should you be able to give us the variance go back to the PB to complete our process there. The map is what had been tentatively approved by town engineer subject to variances granted.

Mrs. Thompson: The addition is where you drive in to the pharmacy; what about the pharmacy.

Mr. VanVoorhis: No pharmacy has been there for over a year.

Mrs. Thompson: What about other 2 story building?

Mr. VanVoorhis: Its doctor’s office. We added on to the 3 story building.

Mr. Fusco: Most substantial is the 46 parking spaces.

Mr. Oster: The dumpster is where it is now or will it be moved to where?

Mr. VanVoorhis: Where is it going to? The dumpster is behind the 3 story is there.

Mr. Oster: Why not use that dumpster space (looked at the map). Is there room for parking?

Mr. Fusco: We had looked at parking in the area under ordinances you need 8 foot buffer and narrowed it down. That is what it is. We wanted parallel parking along there on drawing submitted at work session and said we had to come back with side yard and set backs. We can check on the dumpster.

Mr. Oster: You show 10 compact spaces; more inclined to give you 11 and gives you 8 full size and compact versus prime space to compact. As a consideration. I went there a week ago Sunday and the parking lot was empty I did notice you did have 5 vehicles behind the building and loading zone, employee entrance along side where the pharmacy is; 5 vehicles in un-parked areas. If employee parking you can’t get staff to park in area in the first place. On Monday you had 11 cars - 6 in back and 5 on side; Wednesday - 5 on back 6 on side and 3 by dumpster; same time 5 parking here (map) because it was plowed. On Monday and Tuesday last week and Monday this if you take 11 to 16 illegal employee parking you don’t have room. How successful the operation is. How it existing is now. You have number of spaces for what you have now and don’t’ have room. Employees may be parking improperly.

Mr. VanVoorhis: The former pharmacy is a convenient driveway.

Mr. Oster: You did not have the parking for 3 days. You have number for what you have now and its tight and ask for variance of 10 spaces even tighter.

Mr. Fusco: We would increase the parking spaces if we physically could. We looked at all alternative in relationship to this. We have looked at purchasing adjacent property; make deal with Denny’s; this parcel across the street became available and purchased outright for additional parking. Eastern parking and buffer and wetland. One things we are asking - everyone wants double the amount of parking and the need, however, try to fit in each and every corner. I understand what you are saying and people where they can and as close as they can for what ever purpose. We will enforce fire lanes and important it be maintained. One ting is with the medical office addition, we don’t anticipate more people - we get more room, not necessarily more doctors. One thing is storage and not limit ourselves to storage. We called it medical space to be up front as possible. We will be lacking 10 or 11 spaces and try to do what they can to manage.

Mr. Van Voorhis: The pull - up drop off will facilitate more people dropped off versus parking and hope that helps things now.

Mr. Smith: Is it labeled about NO PARKING now?

Mr. Oster: Thought was they can’t keep them in this area here and here (map) and is why I went back and understand we could enforce it. We could not have parked these cars (map) the cars on different days different count. Today there were 10 cars with 5 so 15 cars. Counting what was legal you did not have the room. The situation without a variance for the size building and don’t have room without illegal. Expand building and put 10 spaces less.

Mr. Fusco: We are adding 40 spaces. Its not anticipated the volume of people but to facilitate service and storage. We are not adding on new form of treatment.

Mr. Oster: You aren’t expecting more business?

Mr. Fusco: Not like dental lab?

Mr. Oster: One thing on commercial - every spot was cleared from snow.

Mrs. Thompson: When were you there?

Mr. Oster: No snow on parking spaces.

Mr. Van Voorhis: there is parking in back and pharmacy. They physicians know this has to be policed and put them in the new lot.

Mr. Mattatall: You are looking at an anticipated use but you add to building that could be turned into cubicle offices.

Mr. Van Voorhis: On the bulk amount we are within less than 4 per cent change.

Mr. Oster: Not until I saw it.

Mrs. Thompson :The parking for employees is not good to cross Edgewater, but at night. Some employee could get hit by a car.

Mr. Oster: Your parking for 2 story needs it and doesn’t bother me.

Mr. Fusco: One thing - you did your homework - a lot is averages and one thing we have done and seen it like you said and seen it with spaces available. Obviously, key times in flue season and extra drain on parking requirements. We are so close to meeting it its not like we are anticipating an huge increase. 4000 of which 1500 is storage. We believe owners made efforts to maximize it. If they could purchase more they would. They are not going to stop getting parking but as of this time everything is exhausted. Tried to make deal with Denny and purchased land with no contingency for parking. Their intent is well and obviously they will reach saturation and if people can’t park they will not go there either. The PB felt we were within reaching distance of completing our project.

Mrs. Thompson: Parking lot #1 - how get out of it that easily?

Mr. Fusco: It meets all side yards. You have to back out. It meets the requirements.

Mrs. Thompson: It’s a terrible mess here.

Mr. VanVoorhis: They are trying to compete with Crystal Run Healthcare.

Mr. Oster: You want to do it with 10 fewer spaces and add to the congestion. Its piece meal and it would be a difficult parking situation because of the configuration and then giving up 10 spots - I don’t see it working.

Mr. VanVoorhis: The town engineer agrees with the configuration and its legal and surprised from last month the 4 per cent was not a major issue.

Mr. Fusco: We have not had any violations with the property. They are increase rateables, no impact on the schools; cash positive to town and school district. Improve the situation for clients and patients. Obviously they are in it to make money like other aspects of the community. They are working in area they willing to expand and made every effort to add spaces and we humbly ask you to consider it because it’s a good project. If in fact they are not able to withstand the additional parking load, continue to purchase additional parking but want to go ahead wit the addition. Half of it is storage and other half is 3000 sq/ft and appeal to you as itsa good project and competing with crystal run and they support Orange Regional Medial Center and do a great deal for the community. Both efforts to buy land failed. It’s the right thing to do. On certain days the parking is full and its going to reach the supply an demand.

Mr. Smith: Any questions from the Public?

James Barnett: I am property owner: addition is total of 4000 sq/ft. What is requirement addition?

Mr. VanVoorhis: The need is additional 56.

Mr. Smith: They are putting in 46. Its tight parking but less per centage.

Mr. Oster: How many employees during the week?

Al Fusco: I believe although not sure, 35 to 40 range.

Mr. Smith: Any additional questions?

Mr. Barnett: (looked at drawing)

Mr. Fusco: Parking instead of a car lot.

Mr. Smith: The lot that was car lot - do you have lighting there now?

Mr. VanVoorhis: The light is proposed for interior lighting; nothing beyond the bounds. In the center island and lighting along street and will provide what ever the PB requests.

Mr. Smith: Concern for people going into that area.

Mr. Fusco: We will do that and you can add it in to the variance.

Mr. Smith: Any questions from the Public? (No)

Mr. Smith: Any questions from the Board?

Mrs. Thompson: Don’t like the employees crossing the street.

Mr. Fusco: The snow removal is important and they have a yearly contract.

Mr. Smith: Anything you can do to help with the illegal parking.

Mr. VanVoorhis: The parking in front of pharmacy will be gone as there is a building.

Mr. Fusco: We will suggest to the owner parking stickers.

Mr. VanVoorhis: They are trying to angle it versus parallel.

Mr. Smith: The concern by loading area and stretch along the curb. I would like to do is keep it open another month and back at least 3 times a week and I’ll do some head counts. I have license plate.

Mr. VanVoorhis: We are trying to do spring start, don’t know if we can start to PB before this is done and their on March schedule.

Mr. Oster: We can vote today.

Mr. Fusco: There must be alternative we can show you and hammer of the PB until we get approval. I have no problem working with you to alleviate the problem with employees parking there and if we can do by form of resolution subject to adequate slighting and enforcement of non parking in parking areas and let the PB be vehicle to enforce it. We want to try to move it forward. We anticipated getting to the PB in December for 10 spaces and came this route.

Mr. VanVoorhis: The drop off area holds 3 to 4 cars in this count. That would be helped as well. Its much safer now. We can take 4 cars off your problem.

Mr. Fusco: We appreciate your concerns and they are ours and have to make it work for the doctors who are haling the people. And strict property manager. Subject to adequate lighting and non parking in fire lane and signage and have meeting on 2/10 at 11:30a work session and bring copy of your resolution so they know your concerns and you can voice your concerns to them and would appreciate a positive vote this evening.

Mr. Oster: You are missing the problem with the parking. One Sunday I saw illegal parking and did the counts and then 6 cars without a home. Not sure the employees are parking to alleviate the parking problem. All you have to do is call code enforcement and volunteer to alleviate it. You don’t have the spots. Alleviate it because its January and go there 3 days and report back here. That leaves me to vote my conscious with 4 trips there.

Mr. VanVoorhis: We are adding spaces.

Mr. Oster: Ordinarily, seeing this on paper 10 would not bother me but not to throw people but because of it I came back and its nice and good business but full parking lot.

Mr. Fusco: We are trying everything and don’t have it. We are adding 46 spaces an looking at operation and in and out of there on daily basis we don’t see work load or employee or client load increase because of what we are adding here. We understand the ordinance. We are looking for reasonable request and not major variance and its creating hardship and need it to operate properly.
Mr. VanVoorhis: There are not people in 300 feet we are working and 2700 of it is storage and that more than half of it.

Mr. Thompson: They are creating their hardship.

Mr. Fusco: I understand it can be looked at in many different fashions. This is medical record storage. This is dead files and required to keep the files. Out of the 10 spaces and looking at storage, we are complying wit the active space. We appeal to you as it’s a reasonable project and it’s a positive for the Town. No negative. No additional.

Mr. VanVoorhis: If we did something to squeeze.

Mr. Smith: If there are eight, they don’t have to come here.

Mr. Morgan: Supply and demand will monitor the parking.

Mr. Oster: Or you become a burden to your neighbors like Denny’s.

Mr. VanVoorhis: On Sunday and off hours they let them use spaces.

Mr. Fusco: No on-the-street parking. We appeal to you and it’s a good project for medical care and supply and demand aspect of it. This group will try to get land in the vicinity and would buy it now if they could. In ability to provide parking put it back 6 months. I can give you my promise and try to put additional spaces if can.

Mrs. Thompson: How many doctors?

Mr. VanVoorhis: About 12 doctors and employees.

Mr. VanVoorhis: Vote verus keeping it open - if we don’t get 4 votes we have to return?.

Mr. Smith: If you go for vote.

Mr. Fusco: Do you have a number.

Mr. VanVoorhis: We can go back to the physician and cut back the square footage.

Mr. Smith: It does require some enforcement.

Mr. Barnett (public): Understand over flow could they not have restriction on storage of 2900 could not be used for other purposes.

Mr. Smith: They can’t any way because of the PB.

Mr. Oster: It may be why those numbers come any way.

Mr. VanVoorhis: The existing parking was kept because of overhang.

Mr. Oster: What are your possibilities to find more spaces?

Mr. Fusco: Piece to the west almost under contract and the neighbors chose to not sell at this time. They will continue to try to purchase more land.

Mr. Smith: Does he still live there?

Mr. Fusco: They are in the audience.

Mr. VanVoorhis: There is drop off and landscaping buffer.

Mr. Fusco: Give us for zero landscaping buffer.

Mr. Fusco: Is it possible to change loading space for parking? They don’t use it.

Mr. Smith: I Move to grant the following parking variance decrease parking from 214 to 209 with condition of compact parking spaces on Edgewater Drive be converted to as many as regular spaces and one additional space across from Row 15 as part of the island; Seconded.

DISCUSSION:

VOTE:
In favor (aye): 4
Opposed (nay): 1

DECISION:

Mr. Smith: The variance is granted as noted; please see the Planning Board.

CORRESPONDENCE:

Mr. Smith: We have received a request for an extension on the ROTUNDO application granted on 8/13/02 for a 6 month extension: side yard, parking, start construction in Spring as submitted by Mr. Abt.

Mr. Oster: Take the letter at it’s word and give one more extension and then that is it.

Mr. Smith: I Move to grant extension 6 months for Auto Lovers / Rotundo as per request received in December; Seconded; All in favor; Motion carried.

NEW BUSINESS:

Jim Killian: I have an informal question, we are expanding the HSBC (bank) on north side of Rt. 211 in a planned interchange development. PID area. We have 27000 sq/ft and want add 1200 sq/ft to 1500 to same width but closer to the road to add conference space and offices. What do we do?

Mr. Smith: You will lose parking.

Jim Killian: I need 60k. Do I come in for a variance for 2400 to 3600 feet.

Mr. Smith: PID is 5000.

J Owen, Esq.: You will start with the Planning Board. Please call the Town and they can give you information. They meet twice a month.

MEETING CLOSE:

Mr. Smith: There being no further items to come before the Zoning Board of Appeals, I Move to close the meeting at 9:24 pm; Seconded; All in favor; Motion carried.

TOWN OF WALLKILL ZONING BOARD OF APPEAL

DECISION SHEET

JANUARY 13, 2003

DONALD DODD Request for a variance of 249-3 (accessory building) for an accessory building from 28ft x 25ft to 28ft x 40ft; Property located at 19 Bowser Road
(SEC 21 BLOCK 1 LOT 54); Designated RA.

DECISION: Variance granted

FRANK L. GIZA Request for a variance of 249-8 (accessory in front of primary building / residence) for an accessory building (2 car garage); Property located at 263 Reservoir Road; Designated RA.

DECISION: Variance granted subject to the following:

Accessory building to be not more than 25 feet in front of primary building.

MIDDLETOWN MEDICAL Request for a variance of 249-12-F (parking) from the required 214 to 209 spaces; Property located at 111 Maltese Drive (SEC 53 BLOCK 4 LOT 10.2, 55-1-6); Designated HC.

DECISION: Variance granted subject to the following:

That the compact parking spaces on Edgewater Drive be converted to as many as regular sized spaces and that one additional space be placed across from Row 15 as part of the island.