W.
Abt: I'm the Architect for Carmine Rotundo for Auto Lovers on
Route 211 East. When we were last in here before we hadn't gone
to the Zoning Board for variances that are required for this project.
It's a small parcel on the corner of Route 211 East and Ebert
Road and Mr. Rotundo is proposing to build a twelve hundred square
foot building to tint auto glass. He down that now in Middletown
and that's what he is proposing to do here. He applied for a number
of variances with the Zoning Board of Appeals. They were granted
last Fall and he proceeded with plans for the project and to the
Department of Transportation for approval. The project is oriented
to Route 211. Typically they want you to enter up a secondary
road if you can but Route 211 has a turning lane across the front
of this property and it's the commercial Route 211 that is the
advantageous or appropriate entrance for this building and project.
Ebert Road is at a higher elevation and it's primarily residential.
At first the State had a little concern. They asked us for a drainage
study because the outlet of the property is the storm water sewer
in Route 211. The State evaluated the entrance for the project
and basically determined that they would accept a driveway here
because of the turning lane on Route 211. It extends the site
distance in this direction. We are continuing with Dick at work
sessions. Since then I've had a couple of reviews back from the
State and basically have required us to show the driveway where
it is. Relative to the storm drains, they required a drainage
study which was submitted which of course the intent to keep the
after construction runoff at the same rate as the present runoff
from the site. In order to achieve that we have two detention
systems. A small detention area on the side and we have some trench
structures under the parking to retain drainage that comes off
the parking lot from the site. The drainage comes now from this
area to the parking lot enters the catch basins on both sides
of the driveway and with the containment construction that's under
the pavement and would eventually flow into the storm drainage
in the street. At a higher elevation there's a surface detention
area in here that picks up drainage around the back of the building.
The State has accepted that relative to their storm drains. I
haven't given you a drawing of the building because it's a rather
small and little bit complicated building. This is the model that
we've been working on to show if we develop the building. It would
be a relatively small building about twenty two feet high. It
would be a metal building.
A.
Dulgarian: But that's set down in too, correct?
W.
Abt: Well, it's set above the street. From Ebert you would be
seeing this side where the corner is clipped because of the setback.
This building would have a stucco finish on the lower level and
metal panels on the bottom wrapping around the building. The landscaping
that's shown on this plan, some of it is to screen the building
from the residential area of Ebert Road and the property on this
side and some of it is to make the property more attractive from
Route 211. If the State will allow us to, we will do more planting
in their right-of-way which is pretty extensive in the front of
the building. Typically they don't want that. We have comments
dated the 12th.
D.
McGoey: You don't have to go through these individually. Do you
have any problems with any of them?
W.
Abt: No.
G.
Lake: I will go through the Board.
A.
Dulgarian: Initially I thought this project or the property was
a little too small but the Zoning Board gave them variances and
the engineer has done a lot of work and I like the project. I'm
familiar with the applicant. I know he works a nice clean operation.
I don't have a problem other than Dick's comments.
P. Owen: I don't have any comments.
R.
Carr: On the drainage, how does it drain into the right-of-way,
under the pavement?
W.
Abt: Yes.
R.
Carr: How does it get out of there?
W.
Abt: It's a fairly common type of construction where there are
chambers under the pavement that fill up with water and then there
is a restricted outlet to it so that the outflow is limited so
it takes a while for the water to flow out.
R.
Carr: My only other comment is to recommend landscaping between
Ebert and some of the residential area is.
G.
Monaco: I would like also to see more landscaping separating the
residential area if at all possible.
R.
Carr: One other thing, did the Zoning variance expire?
W.
Abt: No we had it renewed. The last renewal was July 9th.
G. Lake: I agree. I know the gentleman's operation. It is a nice,
clean operation. We do have some comments from the fire department.
I don't know if you want to address them or not.
W.
Abt: I will address them in writing to you.
G.
Lake: Do you know where the nearest fire hydrant is?
W.
Abt: Yes. The hydrant is shown on the plan is the opposite side
of the street and it's shown on the smaller scale survey that
shows the entire street. There is a hydrant directly across the
building.
G.
Lake: How about Ebert Road? Is there any up on Ebert Road any
place?
W.
Abt: Up the road a little ways, maybe I can indicate the distance
from the site.
G. Lake: Access to the rear of the building. You do have access
to the front. The dumpster, can you, just so if they did have
to get to the back could you slide that some place?
W.
Abt: Well, they're concerned about the entrance on Route 211.
This is the most viable entrance on the project. The Department
of Transportation has basically endorsed it. The entrance off
of here is really not viable to the site.
G.
Lake: Right.
W.
Abt: There is a hydrant directly across and is shown on the smaller
scale plan. I will check and see about Ebert Road. I believe there
is one up the street a way. No access identified to the rear of
this building. There would be just walking access. We don't plan
to pave the back of the building. This is a very small building.
G.
Lake: The dumpster?
W.
Abt: The dumpster is here.
C.
Rotundo: That's the best for everyone's concern.
W.
Abt: The dumpster would be emptied at off hours.
G.
Lake: How many cars do you have at a time?
C.
Rotundo: I do about five a day. They come every two hours.
D.
McGoey: Can we put a sign there, employee parking for that spot.
C.
Rotundo: Yes, I think so.
G.
Lake: That might keep everybody happy and the easiest way to solve
that.
W.
Abt: I think for the size one entrance, certainly that's all they're
going to permit on Route 211 and the grading of Ebert Road and
it's so small.
G.
Lake: Anything else from the Board?
A.
Dulgarian: It is a good use for that property rather than it sitting
vacant.
MOTION for a NEGATIVE DECLARATION made by P. Owen and seconded
by R. Carr.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
MOTION
for SITE PLAN/SPECIAL USE PERMIT subject to all comments made
by A. Dulgarian and seconded by R. Carr.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
1. VALLEY VIEW PARK - SITE PLAN/SPECIAL USE PERMIT - Route 211
East (46-1-72) #063-000
J. Jacobowitz: We're here on behalf of the applicant. I think
I should give you a little history to refresh everybody's recollections.
This is an existing park off of Route 211. The folks who own it
now have over the years been improving it considerably and they
were before you with a revision to the site plan for the purpose
of eliminating two streets and two units and replacing the two
streets with a single street and then making the lots larger.
The result was they would lose two spaces. All the parcels on
both sides of the new road would be larger and that would allow
improved units to be placed on these lots. On the wall is the
proposed new layout with the single street and the units on both
sides that are larger lots and are more conforming to the law
than the previous plan was which was non-conforming. The plans
have been approved by the Orange County Department of Health for
water and that's by letter dated September 5, 2002 and that should
have gotten its way to the Town. I don't know if Dick ended up
getting copies of that.
D.
McGoey: I didn't see it.
J.
Jacobowitz: The SPEEDS Permit was issued by the Department of
Environmental Conservation and that permit was issued August 27,
2002 and that was also should have found it's way here. If it
hasn't we will make sure that you get it. That's the good news
and the last item is the Department of Health letter of September
10, 2002 which was the approval of the sewerage collection system
and that approval is also in writing. All of the utility approvals
have been issued for the property based on the plan which is the
revised site plan. Mr. Goldberg provided the Town with fifteen
sets of the proposed final plan that reflects what ever the comments
were over the review period and there is a review letter from
Dick that is September 12th. Verify SPEEDS Permit which we are
in a position to do because we have it in writing. The second
was to satisfy the Orange County Health approval. I've identified
both of those letters of approval, water and sewer and made those
part of the record. Really, all of these things have been taken
care of. Where we are is that we're in a position really to secure
the final approval. There is one issue and that is whether you're
in position to give final approval tonight. You do not need to
have a Public Hearing for the final approval but the Preliminary
Approval expired. Under your legislation there is a provision
that allows an extension to be granted in cases of proven hardship.
Our hardship is that the regulatory offices took a long time to
process all the applications for the water and sewer. It was beyond
our control. It's not something that we can do anything about
except wait patiently and as a result of patient waiting the approvals
have been forthcoming and they just have been received.
G.
Lake: When did you receive Preliminary Approval?
D.
McGoey: They received Preliminary in January 2001.
G.
Lake: You've been in all this time trying to get your SPEEDS Permit
and your Health Department.
H. Goldberg: Yes. The applications were going back and forth several
times.
G.
Lake: Didn't you ask the Town for sewer?
H.
Goldberg: That's a separate issue.
G.
Lake: That doesn't have anything to do with this project?
H.
Goldberg: No.
G.
Lake: Basically this entire time you're telling us since you've
gotten your Preliminary Approval, you've been involved in trying
to get your permits done.
H.
Goldberg: Yes.
G.
Barone: You have diligently pursued getting these approvals through
the regulatory agencies?
J.
Bushco: There was testing that had to be done, laboratory tests,
etc.
G.
Barone: You didn't put this on the back burner but kept moving
ahead trying to get through the process.
J.
Bushco: Yes.
D.
McGoey: Six months. They are sitting on these applications. I
can understand why it took so long.
G.
Lake: You're our experts and you're telling us . . .
D.
McGoey: Yes.
G.
Lake: That this could have very well been the case.
D.
McGoey: No question.
G.
Lake: We have the right, Mr. Barone, to as a Board to say we accept
that as a hardship or not?
G. Barone: Correct.
G.
Lake: I will poll the Board.
A.
Dulgarian: I have no problem with that.
P.
Owen: I will follow their advice.
R.
Carr: No problem.
G.
Monaco: I will have to agree with counsel.
G.
Lake: I agree with that. So, according to the ordinance we can
extend that Preliminary Approval then?
G.
Barone: Make a motion to extend the Preliminary Approval pursuant
to Section 249-40 of the Town of Wallkill Code.
MOTION
to extend PRELIMINARY APPROVAL pursuant to Section 249-40 of the
Town of Wallkill Code made by A. Dulgarian and seconded by P.
Owen.
A.
Dulgarian: Aye
P.
Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
MOTION
for SITE PLAN/SPECIAL USE PERMIT subject to all comments made
by G. Monaco and seconded by P. Owen.
A.
Dulgarian: Aye
P. Owen: Aye
R.
Carr: Aye
G.
Monaco: Aye
G.
Lake: Aye
Motion
carried. 5 AYES
2. WALLKILL MANOR APARTMENTS - SITE PLAN/SPECIAL USE PERMIT -
Silver Lake Scotchtown Road (50-1-1.2, 51-12-2) #051-002
A.
Fusco: I am a Professional Engineer. I'm representing Wallkill
Manor. This is a thirty three acre site which is located on the
north side of Silver Lake Scotchtown Road. We're proposing to
use Second Avenue as an access into the site. We're proposing
one hundred and four apartment units. These would be rentals.
In addition to that there will be forty one bedroom, two bedrooms
will be sixty four for a total of one hundred and four units.
What we're proposing is market rent garden apartments. This had
received some form of approval many years ago. Mr. Silverman is
the Architect on the project. As you can see he's done some elevations,
etc. The site does have some wetlands in it. It's been delineated
on the map. The site is to be served with municipal water and
sewer. There are water and sewer immediately adjacent to the site.
In fact there is a sanitary sewer easement through the site. As
you can there's also Orange & Rockland and telephone right-of-ways
through there. We do have a letter from Orange & Rockland
which accepts this plan and concept in relationship to their right-of-ways.
Again, as I did state we did have wetlands and they have been
delineated. In addition to that there would be a crossing of the
wetland. Basically it's approximately six tenths of an acre that
would be affected. We have made application to the United States
Army Corps of Engineers and we are proceeding with that permit
hopefully. In addition to that we've received some comments just
recently from Mr. McGoey's office. We have no problem with any
of those comments. The letter that I did give to the Chairman
and to Mr. McGoey basically outlines our concurrence with all
of his comments.
G.
Lake: You did change this around a little bit, the buildings were
lined up?
A. Fusco: It hasn't been changed since the last submittal or formal
maps. What we did do is originally we had a few work sessions
with Mr. McGoey, we did have a little more linear look to it.
He had requested that we try to come up with a couple different
alternatives. We were assisted in trying to give the look a more
comfortable look in an apartment dwelling situation. We are a
little bit limited on the site because we do have a considerable
amount of wetlands. We did have to put the units basically where
we did not have wetlands. There are elevation changes as you can
see. It's not really a linear project because there are different
elevations in the project you can see by the grades. We have utilized
the thirty foot road way which enters into the property in order
to allow proper ingress and egress out of the property. We've
tried to keep the front of the buildings clear from parking. There
was a suggestion by the fire department, I believe it was Mr.
Cummings who made that suggestion. We were actually able to accommodate
that. With do have the adequate number of parking spaces. In fact
we exceed that. In addition to that there is another project that
is directly east of this. I spoke with Mrs. Potter just recently
with Lanc & Tully. We're swapping information and we do plan
on a joint emergency access between the properties. That access
will be paved for up to the property line by each of the respective
projects and details will be shown. We're also showing an emergency
access out to Overhill Road, actually more at Sunrise but we are
showing that access there so there will be two emergency access
points as well as an extra large road way into the property. We
are hoping with the utilities to loop the water and sewer through
the Kambro project. We have not actually discussed that with them
at this point. It would be to their advantage and our advantage
for water quality to enable to use that and allow for proper fire
protection. As I stated we do have public sewer immediately available.
We are moving forward with all aspects of the project. We are
also in a position to make improvements to Second Street
Next
Page
