Wallkill Valley Times Apr. 12 2017 | Page 3

3 Wallkill Valley Times, Wednesday, April 12, 2017 New school bus company looking for a new home By JESSICA COHEN Where 150 to 200 school buses will park in September has become a point of conflict between the Town of Montgomery building department, East End Bus Line and property owner Brian Amthor, according to Walter Schmidt, Montgomery building inspector. Brian Amthor owns three contiguous lots at 1041 Route 52, just outside Walden. East End has eyed the property as a possible base for their buses, which will serve both Valley Central and Wallkill school districts. The deal between districts to share bus service saves the districts $7.5 million, says Amthor, comparing the price East End bid to those of other bidders. He emphasizes their energy- efficient propane power, air conditioning and GPS features. However, Amthor contends that the three lots on Route 52 that he wants to lease to East End should be “grandfathered in” as locations that need little or no planning board review for school bus use. “It’s the same use my grandfather used the lots for in the 1940’s,” said Amthor. But Schmidt differs. Lot 83, which is 2.5 acres, is permitted to store vehicles, he says. “It’s a pre-existing condition, so it’s an allowable use,” he says. “But they don’t have permission to run buses from there. Only storage is permitted.” A second lot, Lot 84, can be used for bus repair, he said. “The bus company said they would pursue planning board approval to use all five lots for vehicle for hire,” Schmidt said. “They thought they had rights that were grandfathered in, but my determination is that they haven’t had that use on that site for the last few years.” However, Schmidt said he did offer Amthor and East End an option to use the lots while pursuing planning board approval. They would first at least need to get planning board approval for storm water runoff and traffic plans. A truck sales business had been given a similar option in the past when their Newburgh building burned down, and they were allowed to use a site for 1 ½ years before they got planning board approval, said Schmidt. “That’s possible, but they need to apply to the planning board and get storm water and traffic addressed at least. They should have done that a month and a half ago. They said they would come to the planning board and take care of the issue, but they haven’t, and they have given no time line.” Asked about pursuing that opportunity, Amthor said, “The tenant will take care of the storm water, and traffic is not an issue. There’s no significant traffic impact on Walden. Buses coming out of the lots don’t have to go through Walden.” Meanwhile, East End representatives have been looking at other sites, including one at the southern end of Maybrook, the former Osram Sylvania facility, according to Maybrook Mayor Dennis Leahy. Last Thursday, Maybrook Planning Board received plans, an application, and an application fee from East End, and their representatives will appear before the planning board on Thursday, said Tina Johnson, Maybrook clerk/treasurer. Leahy said the site has previously provided a base for two bus companies, Quality and then Matthews Bus Services. Whether the site is still zoned for bus use, Leahy does not know, he said. Amthor predicted that the Maybrook site could be problematic, since the bus company is required to be within a half hour of all schools it serves. Leahy said that would not be a problem. However, asked about the possibility that environmental issues might deter East End from pursuing planning board approval, Walter Schmidt conceded that as a possibility if lead based paint was used on truck tanks in the lot when it was allowed, pre-1974. But he has no testing evidence either way. Amthor said truck tanks were aluminum and did not require paint. He also said that New York State Department of Environmental Conservation representatives had done a “Series III” study in the last few years and found no contamination. Schmidt said he had no knowledge of the study, but was sure the planning board would be interested in documentation of it. However, Amthor said that, despite lack of planning board approval, buses would be arriving “in the next month or two” to transport summer school students. “I’m not sure how many buses,” he said. He added that he had a “signed letter from Walter Schmidt” affirming that buses could be stored at and run from Lot 83. However, no such letter exists, according to Schmidt. “I sent a letter back saying he would need planning board or zoning board of appeals approval to expand use of Lot 83 beyond storage to running buses.” If buses are run from the lot without board approvals, said Schmidt, “There will be court action.” 9 Month CD At 0.85% APY Annual Interest Rate 0.83% LIMITED TIME ONLY • Deposit must be made with funds not on deposit with Hometown Bank of the Hudson Valley. • Substantial penalty for early withdrawal. • Minimum deposit of $10,000. New funds only. • APY=Annual Percentage Yield Rates effective 3/8/17. Rates subject to change without notice. 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