Ball Farmhouse subdivision gets preliminary approval

The Warwick Town Planning Board gave preliminary approval for a 14-lot cluster subdivision located at 56 Ball Road at the site of the existing Ball Farmhouse and final approval for section one of that subdivision, which will consist of a four-lot cluster subdivision. According to the representative for the applicant, the property was purchased by George Vurno and Victor Ludmerer, owners of nearby Masker Orchards, who sought to preserve the view and limit development on the neighboring land.

The board issued the decision following a public hearing at the September 18 meeting, at which time several residents of neighboring properties asked about the preservation of open space, location of the homes, and the subdivision’s impact on what is already a highly trafficked area during Warwick’s popular apple season.

Regarding the traffic issue, residents voiced their frustration with the number of cars who frequently speed and fail to stop when required along South Street Extension, Brady Road, and other streets that feed into Ball Road, as well as on Ball Road itself. Warwick Planning Board Chairman Ben Astorino acknowledged the residents’ concerns, while emphasizing that the issue of traffic and traffic violations would not be worsened by the addition of a small number of new single-family homes. He also expressed the importance of better enforcement and that he would reach out to Warwick Police Chief John Rader about having a car stationed in the area or other means for monitoring traffic.

College proposal

During the meeting the board reviewed the application for Beth Medrash Meor Yitzchok College, a proposed school and overnight accommodations for about 200 to 300 students and 12 to 18 professors/administrators, which will occupy existing buildings (historically used by NYU) on about 87,000 square feet of land located on the southeastern side of Old Forge Road.

Warwick town planner Max Stach recommended that the application, which was last before the planning board in January, be considered a type one SEQR action, which would require more extensive environmental review than the type two action, which the applicant maintains is more fitting to the project. In addition, the planner explained that concerns over whether the college meets New York accreditation standards could necessitate the involvement of the Zoning Board of Appeals, further warranting the need to declare the project as a type one action.

Planning board attorney Robert Krahulik elaborated on the accreditation concerns, saying there were some inconsistencies online and that his office is ensuring they do their due diligence on this matter. Speaking to the question of accreditation, the applicant’s representative explained that the school was an accredited Talmudic college, whose financials are audited by the state. He also noted that some of the confusion surrounding the school’s status may be because the college operates another school in Monsey, which serves both college- and high school-level students.

The board set a date to visit the site, and was reminded by Astorino that anyone interested in going inside the buildings would need to sign a waiver acknowledging and accepting any potential risks caused by entering them. He further informed the board that they are not obligated to go inside the buildings, although he was planning to enter them himself. The representative acknowledged that there were issues with the buildings that need to be remediated and that pictures of the interiors would be provided.

Clinton Avenue Extension

During the meeting, the board continued its review of the application for a proposed nursery school to be housed in a rehabilitated commercial building on Clinton Avenue Extension. While describing the project, the representative for the applicant referenced the conveying of ownership of Clinton Avenue Extension to the applicant and said an easement agreement would enable the village of Warwick to use the road for emergency services and ensure that properties located on Clinton Avenue Extension retain access to that street. Krahulik said one of those property owners, Dennis McLaughlin, felt he was not properly notified about the dissolution of Clinton Avenue Extension as a paper street and asked the applicant to draft a new easement agreement that better solidifies McLaughlin’s and others right to use the road.

McLaughlin, who was present at the meeting, commented on the application. His brother-in-law Dan DePew, former Wallkill town supervisor, also spoke, claiming that he reviewed the town’s resolution and shared his opinion that McLaughlin and other property owners along Clinton Avenue Extension have the right to appeal to the town for ownership of the road. He said that town’s resolution left unanswered questions regarding the town’s right to abandon the property. DePew also questioned whether proper notice was given and whether a public hearing was required to enable people to share their concerns over the issue. He cited a case on the abandonment of a street out of Dutchess County that went to the state appellate division and determined that the road could not be abandoned because the views of the public were not heard.

Krahulik said that the case referenced was not comparable to the town of Warwick abandoning the road, as it was never owned by the town. He explained that Clinton Avenue Extension was always privately owned, noting that there were some talks of it becoming a town road, which never happened. He shared that the town’s resolution regarding the street was to acknowledge that it never took ownership of it.

DePew questioned why, if the town never owned the street, it would engage in procedures that are normally undertaken by municipalities engaged in transfer of land ownership. He also shared that, while he felt there were unanswered questions, he didn’t believe anyone was trying to do something wrong and that the issue deserves time for review.

DePew said that he and his brother-in-law have reached out to Warwick Town Supervisor Jesse Dwyer and are waiting to sit down with him and establish their concerns.