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2014-03-25 (4) Town of Wappinger Planning Board January 22, 2014 Time: 7:00 PM Members Present: Mr. Valdati: Ms. Leed: Ms. Bettina: Ms. Visconti: AMENDED MINUTES Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Mr. Malafronte: Member Member Mr. Fanuele: Member Member Mr. Dao: Absent Member Others Present: Mr. Gray Engineer to the Town Mr. Roberts Attorney to the Town Mr. Stolman Planner to the Town Mrs. Roberti Zoning Administrator Ms. Rose Planning & Zoning Secretary SUMMARIZED PROJECTS DISCUSSED: Adjourned Public Hearing: Obercreek Subdivision Calvary Chapel Discussion: Greenbaum & Gilhooley's Durants Tents & Events Osborne Inn Restaurant Prestige Mini OUTCOME Public Hearing closed Negative Declaration to be drafted Public Hearing closed Next meeting discussion of tree cutting Negative Declaration accepted Board to make site visit January 25`n Update survey Resolution accepted Discussed the possible purchase of the adjacent property Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 3 Ms. Visconti: So moved. Ms. Leed: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: Do I have a motion to have Mr. Stolman draft a Negative Declaration and preliminary approval? Ms. Visconti: I make a motion to have Mr. Stolman draft a Negative Declaration and preliminary approval. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: The next item on the agenda is an adjourned Public Hearing: 10-3199 /Calvary Chapel of the Hudson Valley: -The Town of Wappinger Planning Board will conduct an adjourned public hearing pursuant to Article IX, Section 240-87 and 240-57 to discuss a site plan for a place of worship that would consist of 24,000 sq. ft. and 200 parking spaces and 133 proposed parking spaces to be land banked for a total of 333 spaces on 48.86 acres in a CC & R-40 Zoning District. The property is located on Route 376 and Diddell Road and is identified as Tax Grid No. 6359-03-176082 in the Town of Wappinger. (Berger)(LA June 1, 2010)(Neg Dec 9-16-13) Ms. Visconti: Move to open the adjourned Public Hearing. Mr. Malafronte: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Cantor: There was a meeting on site with the town's representatives, DOT representatives and traffic experts on behave of the applicant. After the meeting it was decided that the access point is going to be moved 10 or 15 feet. A traffic report was submitted by Mr. Grealy. I understand that the professionals have 3 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 4 some additional questions. There are trees on the property that need to be cut and these need to be cut before March 3 I sc due to the roosting of the Indiana Bats. Mr. Valdati: Is there anyone in the audience that would like to comment on this project? Mr. Valdati: Hearing none, does anyone on the board have any questions? Ms. Leed: Do you have a map showing the old location and the new location? Ms. Zerfas: (Pointing to the map) explains locations. Mr. Grealy: We did collect speed and traffic data at that site. We looked at it during the day and on the weekend. Mr. Grealy discusses his finding in the report. Mr. Cantor: DOT does agree with this plan. Mr. Valdati: I think the DOT was premature in agreeing with this. Ms. Visconti: My concern is going in and leaving. Coming around the turn and having a line of cars waiting to enter, the driver may not be able to stop and will rear end the cars in the line. Mr. Grealy: Reads his report concerning speed data. (Reports available upon request) Mr. Valdati: One moment of hesitation and an accident can happen. We are going to review this very carefully. Ms. Leed: Has a traffic light or warning lights been considered? Mr. Grealy: A traffic light would not be warranted here. To get a traffic light you would need a certain amount of traffic during certain periods of the day. The warning beacons may be a condition that the DOT gives us. Ms. Visconti: Will DOT take into consideration our concerns? Mr. Roberts: The DOT has the authority to approve or disapprove any improvements to a state road. That also includes any intersection on a state road. Mr. Stolman: We did send them a letter stating our concerns with their conceptual approval of this site. We will be reviewing the traffic study. 4 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 5 Mr. Cantor: May I ask for you to close the Public Hearing and we can take this project in pieces? Also, can you have David draft a resolution for the next meeting for preliminary approval if he receives the information he needs? Mr. Stolman: It would be too much to accomplish in 2 weeks. There were a number of issues in our last memo that were supposed to be resolved after the Negative Declaration. I believe there has not been another submission since our last memo last November. Ms. Zerfas: Not of the site plan just the DOT information. Mr. Stolman: I think a resubmission of the site plan in needed. It needs to address Bob's comments and my comments. Mr. Valdati: Can I have a motion to close the Public Hearing? Mr. Malafronte: I make a motion to close the Public Hearing. Ms. Visconti: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: Now about the trees. Would it be alright to have them cut down the trees while this project is still open? Mr. Stolman: You have done this before with a restoration bond. Mr. Cantor: Why would you need a restoration bond? If for some reason the project does not go through, the cutting of the trees impact no one. Ms. Visconti: How many trees are we talking about? Mr. Cantor: I don't know. Mr. Roberts: If the project doesn't go through, there needs to be replanting. Ms. Zerfas: (Pointing to the map) it will be these trees. Mr. Cantor: Can the Planning Board make a motion saying that the board has no objection in the trees being cut subject to the advice of the consultants? Mr. Stolman: I think the board should make the decision. 5 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 6 Mr. Valdati: I make a motion that we hold this until we get a recommendation from Mr. Stolman and Mr. Roberts as to the issue of the cutting of the trees and what is required. I would like this on the next agenda. Mr. Malafronte: Mr. Valdati: Board: Mr. Valdati: Second. All in favor? Aye. The next item on the agenda is: 13-3279/Greenbaum & Gilhooley's Site Plan-To vote on a Negative Declaration for the proposed site plan to include the current restaurant, an additional retail building and a standalone bank on 1.89 acres in an HB zoning district. The property is located at 1379 Route 9 and is identified as Tax Grid No. 6157-02-594684. (Robert Turner [Tinkelman Architecture])(LA 8/26/13) (Neg Dec 1/22/14) Mr. Tinkelman: We have nothing new to show you having to do with the drawings. We did meet with the ZBA and had a site visit. Ms. Visconti: I make a motion to accept the Negative Declaration. Ms. Bettina: Second. Mr. Valdati: Roll call vote Ms. Rose: June Visconti Aye Victor Fanuele Aye Angela Bettina: Aye Frank Malafronte No Marsha Leed Aye Robert Valdati Aye Mr. Valdati: The next item on the agenda is: 13-3289/Durants Tents & Events-To discuss the proposal of combining their two lots and removing 1,138 square feet from an existing building to add a 3,600 square foot addition to the northwest corner. With the proposed modification addition, the building will contain 4,799 square feet of retail and 7,248 square feet of storage. In addition 4 additional parking spaces will be added. The property is located at 5 Osborne Hill and 1155 Route 9 and is identified by Tax 6 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 7 Grid No. 6157-04-632086(Route 9) and 6157-04-627103(Osborne Hill Road) in the Town of Wappinger. (Povall) Mr. Povall: We were here before you about 2 month ago with a conceptual application. (Pointing to the map) this is the building for Durants Tents & Events. This is Rt. 9 southbound and this is Osborne Hill Road. There are 2 parcels. Parcel A and the smaller Parcel B. There was a house on Parcel B that burnt and was taken down for safety reasons. We are looking to square off the building. It will be a 3600 square foot addition that will be used for storage. We are proposing to extend the parking lot and we are required to add 18 new parking spaces because of this new addition and we are proposing land banking half of them. The fenced in area will remain for some storage and their delivery trucks. (Pointing to the map) there will be a display area in this front corner. There will be low landscaping along the perimeter. We will have to relocate the septic with this new plan. We would need a variance for this addition. By combining these two parcels it will get us closer to our 2 acre minimum. Mr. Valdati: I would like to see photos of the display area. Mr. Malafronte: Do you have tractor trailers in the back? Mr. Lois: No. Mr. Valdati: Would the board like to do a site visit? Board: Yes. Mr. Valdati: This Saturday, January 25th at loam. Mr. Gray: You would need to update the survey and we need a subdivision application to combine the lands. Mr. Fanuele: Will the exit be out to Osborne Hill Road? Mr. Lois: No, it will be Rte. 9. Mr. Valdati: The next item on the agenda is: 13-3287 / Osborne Inn Restaurant- To vote on a resolution concerning the architectural changes to the south side of the existing restaurant. The applicant has constructed a small addition to the south side and is proposing on enlarging the original outside deck for dining. The 7 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 8 property is located at 146-150 Osborne Hill Road and is identified as Tax Grid No. 6156-01- 485668 in the Town of Wappinger. Mr. Valdati: We do have a resolution, what is the pleasure of the board? Mr. Fanuele: I make a motion to mov e the resolution. Ms. Bettina: Second. Mr. Valdati: Roll call vote. Ms. Rose: Frank Malafronte Aye Marsha Leed Aye June Visconti Aye Victor Fanuele Aye Angela Bettina Aye Robert Valdati Aye 1/22/14 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: OSBORNE INN - RESOLUTION OF SITE DEVELOPMENT PLAN APPROVAL At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day 2014 at 7:00 P.M. The meeting was called to order by the Chairman Robert L. Valdati and the Planning Board member attendance was as follows: Robert L. Valdati Angela Bettina Max Dao Victor Fanuele Marsha Leed Francis Malafronte June Visconti 8 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 9 The following resolution was moved by and seconded by WHEREAS, the Town of Wappinger Planning Board has received the application of Phoenix Refurbishing, Inc. (the "Applicant" and "Owner") for Site Plan Approval for modification to the existing restaurant (Building # 1 on the site plan) as well as other site improvements including landscaping, signage and parking reconfiguration (the "Project" or "Proposed Action"); and WHEREAS, the Project includes the following: 1. Anew X632-square foot deck; 2. A 56-square foot addition to the existing restaurant to be used to relocate an existing walk-in cooler; 3. Anew walkway around the relocated cooler; 4. Anew free-standing sign with indirect lighting; 5. Anew deck porch for Building #2; 6. Anew front covered porch for Building #3; and 7. New trees and shrubs along Osborne Hill Road; and WHEREAS, there are no lighting fixtures proposed as part of the Proposed Action; and WHEREAS, the subject property is known as Tax Lot 6156-01-485668 on the Town of Wappinger tax assessment maps and is located at 146-150 Osborne Hill Road within the Neighborhood Business (NB) zoning district (the "Subject Property" or "Site"); and WHEREAS, the Applicant has submitted an Application for Site Plan Approval dated October 18, 2013; a Short Environmental Assessment Form (Part 1) dated October 18, 2013; and the following sheets of plans generally entitled "Proposed Improvements at the Osborne Inn, Osborne Hill Road, Town of Wappinger, NY" and prepared by Donald L. Zeller, Architect, PLLC: 9 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 10 1. Sheet SPI, Site Plan, dated 11/20/13, revised 12/30/13; 2. Sheet SKI, Plans and Elevations, dated 10/7/13; and 3. Sheet A-l, Floor Plan, dated 6/10/13, preparer not indicated (the three (3) above mentioned drawings constitute the "Site Plan Drawings"); and WHEREAS, the Proposed Action is a Type II action in accordance with the State Environmental Quality Review Law and the Wappinger Environmental Quality Review Law; and WHEREAS, in accordance with Sections 239-1 and m of the New York State General Municipal Law, the Planning Board referred the subject Site Development Plan application to the Dutchess County Department of Planning and Development (DCDPD); and WHEREAS, the DCDPD responded to the above mentioned referral in a letter dated November 15, 2013 which concludes that the Proposed Action was a "Matter of Local Concern with Comments;" and WHEREAS, the Planning Board has considered the comments from the DCDPD; and WHEREAS, the Planning Board has determined that the proposed modifications to the existing restaurant do not rise to the level of necessitating a public hearing; and WHEREAS, the Planning Board is familiar with the Site and all aspects of the Project and is satisfied that the Project will comply with the Zoning Law including without limitation the Site Development Plan, Parking and Performance Standards of Articles IX, X and XI respectively of the Zoning Law, as well as other applicable laws and regulations subject to the conditions below. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Planning Board hereby adopts and incorporates as findings and determinations the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Planning Board hereby grants Site Development Plan Approval to the Project for modification to the existing restaurant (Building # 1 on the site plan) as well as other site improvements including landscaping, signage and parking reconfiguration, as shown on the Site Plan Drawings and as defined above, on the Subject Property in accordance with the provisions of Articles IX, X and XI of the Zoning Law subject to the following conditions and modifications: 10 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 11 a. The following shall be fulfilled prior to the issuance of a Building Permit in conjunction with this Project: (1) The Property Owner and Applicant shall endorse and submit a copy of this Resolution to the Zoning Administrator for filing. (2) The Owner of the Subject Property shall submit a copy of the current deed to prove his ownership of said property. (3) The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the Subject Property have been paid in full. (4) The following comments contained in the Town Engineer's letter to the Planning Board dated October 24, 2013, and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town Engineer: (a) The water supply and sewage disposal facilities shall be shown on the plans. (b) The plans shall clearly indicate if the existing facilities will be reused or if new facilities will be constructed. (5) The following comments contained in the Town Planner's letter to the Planning Board dated November 13, 2013, and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town Planner: (a) Sheet SK1 includes the front and left elevations for the restaurant building and the proposed deck area. Rear and right elevations shall also be provided. All elevations shall indicate colors and materials. (b) The business hours for the proposed restaurant and outdoor deck area shall be included on the plan. (6) Trees and shrubs are proposed to be located within the right-of--way of Osborne Hill Road which is a County road (CR 35). If the Planning Board desires the installation of these trees and shrubs, approval from the Dutchess County Department of Public Works will be required. (7) The Applicant shall fund apost-approval escrow account in accordance with Section 122-16 of the Town Code. 11 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 12 b. The following conditions shall be satisfied prior to the issuance of a Certificate of Occupancy: (1) The Applicant shall fulfill all of the conditions of, and shall complete all improvements required in accordance with this Resolution of Amended Site Development Plan Approval. (2) The Fire Prevention Bureau and the Fire Inspector shall inspect the premises, and evidence of their satisfaction shall be submitted to the Town Zoning Administrator. (3) Certified "as-built" drawing(s) shall be submitted to the Town Zoning Administrator. 3. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in the review of this Project which are in excess of the application review fees paid by the Applicant to-date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefore has not been granted by the Planning Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will only made in accordance with the provisions of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds. 4. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown, this Site Development Plan Approval shall expire and become void one (1) year from the date of the adoption of this resolution if an application for a Building Permit has not been made, or three (3) years from the date of the adoption of this resolution if construction in conformance with the approved Site Development Plan has not been completed, if the construction is not prosecuted with reasonable diligence, or if the premises has been substantially vacant or inactive for more than three (3) years. An application for extension of site plan approval shall be made by the Applicant to the Planning Board prior to the expiration of the specific time period sought to be extended. The Planning Board may extend all time limits for good cause shown, if the Board deems such extension warranted. 5. The continued validity of any Building Permit or Certificate of Occupancy issued in accordance with the Project shall be subject to continued conformance with such approved Site Development Plan Approval. 12 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 13 6. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Applicant shall also sign a copy of this resolution after it has been initially endorsed by the Chairman acknowledging his receipt of a copy of the resolution. When all of the conditions set forth in the conditions above have been satisfied, six (6) sets of the above referenced plans, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, certifying that the plans comply with the terms of this resolution, at which time, the Chairman shall also endorse this resolution in the space provided below, certifying that the applicant has complied with the above conditions of approval and that the issuance of a building permit is authorized for the improvement set forth in this Project. One (1) set of the endorsed plans will be returned to the Applicant, one (1) set will be retained by the 7 Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town Highway Superintendent and Town Fire Inspector. The Applicant must return for approval from the Planning Board if any changes to the endorsed plans and/or this Resolution of Approval are subsequently desired. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Robert L. Valdati, Chairman Voting: Angela Bettina Voting: Max Dao Voting: Victor Fanuele Voting: Marsha Leed Voting: Francis Malafronte Voting: June Visconti Voting: The resolution is hereby duly declared adopted. Dated: , 2014 Wappingers Falls, New York 13 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 14 Robert L. Valdati, Chairman Town of Wappinger Planning Board Phoenix Refurbishing, Inc. Applicant and Owner Date Date The following endorsement hereby confirms that the Applicant has fulfilled all of the conditions of this resolution of the Site Development Plan Approval necessary for the issuance of a Building Permit. Robert L. Valdati, Chairman Town of Wappinger Planning Board J:\DOCS2\500\Wappinger\Osbome Inn.861.pm (amended sp).euk.doc Mr. Valdati: Date The next item on the agenda is: 13-3273/Presti~e Mini- Project Update. The property is located at 1162 Route 9 and is identified by Tax Grid No. 6157-04-674155 in the Town of Wappinger. (Paggi) Mr. Paggi: We did receive site plan approval from this board. We were making our final adjustment to our plan when the owner in Ramsey asked us to come down. The owner advised us that he had just negotiated an option to purchase the property to the north. This is fine but it stops everything in the track because we have to let the town know what is going on. They are in negotiation and we will continue with the prior site plan. If they do secure the property, we would come in for an amended site plan. We are here to keep you posted. Mr. Valdati: The one thing I noticed about Prestige Mini is the bulk of their vehicles are not in the front of the dealership. What is your intent with this property? Mr. Paggi: I really don't know as of yet but I do know that the site plan we submitted for this property will have the bulk of their inventory away from the front of the showroom. 14 Town of Wappinger Planning Board Summarized Minutes -January 22, 2014 Page 15 Mr. Malafronte: Are there wet lands on the new property and how are you going to deal with drainage? Mr. Valdati: We can deal with the engineering accepts at a different time. Thank you for coming in. Mr. Valdati: Any old or new business? Mr. Valdati: I would like to focus on the agenda. I would like to receive the agenda the Thursday before our meeting anything after that nothing should be put on the agenda. We should make this policy. Mr. Roberts: The Town Board is changing their policy. When they adopt the policy, I will send you a copy. Their board has different powers but you can use it as an example. Mr. Valdati: Now the minutes. Mr. Roberts: The only thing that needs to be identified in the minutes is any motion or a resolution to be prepared by one of the professionals. That is what has to be in the minutes within 2 weeks. A verbatim transcript is not required. Mr. Valdati: I would like to receive a synopsis of the minutes and the audio sent to the clerk's office. Included should be the resolutions that were passed that evening. The following changes shall be made: Agenda must be received the Thursday before the meeting. Conceptual must be received the Monday before the meeting. New applications/formal submissions must be submitted 4 weeks prior to meeting. Resubmissions will be on a case by case basis. Outside government agency documents can be put on the dais if it pertains to what is on the agenda. No material from the applicant is to be placed on the agenda if not received in proper time. Mrs. Roberti (Zoning Administrator) will decide what is miscellaneous/minor. Mr. Valdati: Can I have a motion to adjourn this meeting? Ms. Visconti: I make a motion to adjourn this meeting. Ms. Bettina: Second. Mr. Valdati: All in favor? 15 AMENDED MINUTES Town of Wappinger Planning Board Town Hall February 3, 2014 20 Middlebush Road Time: 7:00 PM Wappinger Falls, NY Members Present: Mr. Valdati: Chairman Mr. Malafronte: Member Ms. Leed: Member Mr. Fanuele: Member Ms. Bettina: Member Mr. Dao: Member Ms. Visconti: Member Others Present: Mr. Gray Engineer to the Town Mr. Horan Attorney to the Town Mr. Stolman Planner to the Town Mrs. Roberti Zoning Administrator Ms. Rose Planning & Zoning Secretary SUMMARIZED PROJECTS DISCUSSED: Discussion: Obercreek Subdivision Calvary Chapel Conceptual: OUTCOME Negative Declaration -accepted Tree Removal on Lot 6 -accepted Prepare Resolution for tree removal Including a restoration bond Ervin Drive Submit Application. Town of Wappinger Planning Board Summarized Minutes -February 3, 2014 Page 2 Mr. Valdati: Please rise for the Pledge Allegiance. Mr. Valdati: First item on the agenda is the acceptance of the minutes from September 16, 2013. Mr. Valdati: Do I have a motion to accept the minutes? Ms. Visconti: I make a motion to accept the minutes. Ms. Bettina: Second. Mr. Valdati: Next on the agenda is: 11-5159/Obercreek Subdivision and Lot Line Re-alignment: To vote on a Negative Declaration for a proposed 14 lot subdivision and lot-line re-alignment on 32.95 acres in an R- 40/80 zoning district. The property is located on New Hamburg Road & Marlorville Road and is identified as Tax Grid No. 6057-02-997768 identified as Tax Grid No. 6057-02-997768/ 6157-01-030738 in the Town of Wappinger. (Chazen)(LA Apri18, 2011) Mr. Cantor The last time we were before the board we asked for a Negative Declaration to be drafted for preliminary approval. We hope you find this acceptable. Ms. Visconti: I move the resolution as prepared by the planner. Mr. Dao: Second. Mr. Valdati: Roll call vote. Ms. Rose: Frank Malafronte Aye Marsha Leed Aye Max Dao Aye June Visconti Aye Victor Fanuele Aye Angela Bettina Aye Robert Valdati Aye Mr. Valdati: The last time there was some discussion about trees. Mr. Cantor: The trees that we are proposing to cut down have to do with Alex's on going farming. There are two rows of trees that shade the crops. These are not 2 Town of Wappinger Planning Board Summarized Minutes -February 3, 2014 Page 3 specimen trees. The stumps will be left. The timing has to do with the bat habitat. Mr. Valdati: This has nothing to do with the subdivision? Mr. Cantor: That is correct. Mr. Ahern: The trees we are talking about are on Lot 6, which is where all the agriculture will take place. (Pointing to the map) it is this line of trees. Mr. Stolman: These trees have nothing to do with the subdivision. Mr. Malafronte: Will grading be needed? Mr. Reese: No because we will be leaving the stumps. Mr. Cantor: Let the record show we had this conversation. Mr. Valdati: The board is fine with this. Mr. Valdati: The next item on the agenda is: 10-3199 /Calvary Chapel of the Hudson Valley: - To discuss a site plan for a place of worship that would consist of 24,000 sq. ft. and 200 parking spaces and 133 proposed parking spaces to be land banked for a total of 333 spaces on 48.86 acres in a CC & R-40 Zoning District. The property is located on Route 376 and Diddell Road and is identified as Tax Grid No. 6359-03- 176082 in the Town of Wappinger. (Berger)(LA June 1, 2010)(Neg Dec 9-16-13) Mr. Cantor: There has been correspondence that David's office did not have time to review the most recent submission. We have Dr. Grealy and Mr. Berger here to discuss traffic and trees. Mr. Grealy: We have submitted an item by item response to the last memo. It was hand delivered on the 31St to the town and I know you did not have time to review it. We responded to the memo from November 13, 2013. That memo took in the comments from your professionals and Dutchess County Planning. My comments had to do with accident data; it has to do with speed and traffic volume data. We looked into the church's operational hours to determine the traffic volume. There are Sunday services as well as services during the week. Dutchess County Planning commented on the exit and entrance lanes which we addressed in our resent submission. In our submission there are a number of diagrams that will explain the turnings lanes. The plans have been revised to show the property line and the right away, this is all explained in our new Town of Wappinger Planning Board Summarized Minutes -February 3, 2014 Page 4 submission. Warning beacons where discussed at the last meeting; that is a DOT call. Ms. Visconti: Is it the applicant's responsibility? Mr. Grealy: It would be the responsibility of the applicant if the DOT wants it. Mr. Fanuele: If in the future a light is needed, is it the D O T's responsibility? Mr. Grealy: Because this is a private access, the DOT can make a determination. There would be an annual maintenance fee. The DOT will not put a light at a private access. In our letter we discuss sight distance and what is called perception time. Mr. Stolman: Our next meeting is March 3rd and that is more than enough time to review and comment on the new submission. Mr. Cantor: We would like to discuss with you the cutting of some trees since the March 31St deadline is coming up quickly. We would come in with small equipment. We would leave the stumps there along with the cut trees. The code states the trees cannot be taken down unless approved or given permission by the Planning Board. Mr. Berger: (Pointing to the map) the only trees that will be cut are the trees subject to the Indiana Bats. We did meet with the Army Corp of Engineers last year and they identified the trees. We will be using chain saws to cut trees down and leaving them there. We are allowed to cut up until March 31St because of the roosting of the Indiana Bats. Mr. Stolman: This is something that the Planning Board has not done in the past. I recommend that you take down all the trees that you would need to take down during this window. Mr. Valdati: How much time do you need to cut down the trees? Mr. Berger: We need 3 to 4 weeks. Mr. Stolman: Do you have a problem with them taking down the trees they need to do for the project? Ms. Visconti: I don't. Mr. Valdati: I don't either, however a restoration bond may be needed. 4 Town of Wappinger Planning Board Summarized Minutes -February 3, 2014 Page 5 Mr. Stolman: A restoration bond will not be needed because they are not going in with heavy equipment but in this case a restoration bond would guarantee the trees being replaced if the site plan is not granted. We can calculate the amount by the map. Ms. Visconti: I make a motion to have our planner draft a resolution to have the trees removed that are- necessary for the project with a bond in place. Mr. Dao: Second. Mr. Valdati: Roll Call vote. Ms. Rose: Frank Malafronte Aye Marsha Leed Aye Max Dao Aye June Visconti Aye Victor Fanuele Aye Angela Bettina Aye Robert Valdati Aye Mr. Valdati: The next item on the agenda is: 14-3297 / 16-18 Ervin Drive -2 lot Subdivision: Seeking to subdivide 1.15 acres in an R-20 zoning district into 2 lots. The property is located at 16-18 Ervin Drive and is identified as Tax Grid No. 6258-03-135030 in the Town of Wappinger. Mr. Day: I am representing the applicant who purchased this lot and has a grading permit. Their goal is to subdivide this into two separate lots. The grading on the property requires a great amount of fill. There was some concern about drainage on that property but I believe we have come up with a grading plan that does address this. We would be creating a larger retention area on this property then there is currently. I wanted to come before the board to show you what we are doing. That is about it. Mrs. Roberti: They did come in for a grading permit and with the intension of turning this into a subdivision I thought it would be a good idea for them to come in and describe this project. The fill is available for this property and I wanted the board to be aware of it. Mr. Gray: Part of the review of the grading permit, I will be looking at the storm water runoff which Mark's office will provide. I will be looking at erosion sediment runoff, also. Storm water could be an issue in this area. Town of Wappinger Planning Board Summarized Minutes -February 3, 2014 Page 6 Mr. Valdati: Mrs. Roberti: Mr. Gray: Mr. Valdati: Mr. Valdati: Mr. Valdati: Mr. Horan: This is an R-20 area? Yes. Right now I am reviewing the grading permit not the subdivision plans because they have not applied for that yet. We do appreciate when an applicant comes before the board and explains what is going to be done. Thank you. Any old or new business? At our last meeting we discussed streamlining our minutes. In retrospect I think it will not work. They do not have to be word for word. The two week time limit has to do with the action of the board. Mr. Valdati: We should have the action taken by the board in two weeks then shortly after that we should get a synopsis of the meeting. Mr. Valdati: Can I have a motion to adjourn this meeting? Ms. Visconti: I make a motion to adjourn this meeting. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Respectfully, Sue Rose, Secretary Planning Board Meeting ended 8:30PM 6 MINUTES Town of Wappinger Planning Board Town Hall March 3, 2014 20 Middlebush Road Time: 7:00 PM Wappinger Falls, NY Members Present: Mr. Valdati: Chairman Mr. Malafronte: Member Ms. Leed: Member Mr. Fanuele: Absent Ms. Bettina: Member Mr. Dao: Member Ms. Visconti: Member Others Present: Mr. Gray Engineer to the Town Mr. Roberts Attorney to the Town Mr. Stolman Planner to the Town Mrs. Roberti Zoning Administrator Ms. Rose Planning & Zoning Secretary SUMMARIZED PROJECTS DISCUSSED: Discussion: Calvary Church of the Hudson Valley OUTCOME Draft resolution for March 17`h Durants Tents & Events Farley Site Plan Conceptual: J. V. B. Group, LLC LMD Property Holdings, LLC Extension: Brundage Circulate letter for Lead Agency & Public Hearing on April 7"' Circulate letter for Lead Agency Draft resolution for March 17`'' Town Board for extension to Water & Sewer District Granted until June 30"' - to submit required permits Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 2 Mr. Valdati: Please rise for the Pledge Allegiance. Mr. Valdati: First item on the agenda is the acceptance of the minutes from January 22, 2014, February 3, 2014, December 2, 2013, November 4, 2013 and November 18, 2013. Mr. Valdati: I would like to table this to the end of our meeting. Do I have a second? Mr. Malafronte: Second. Mr. Valdati: Next on the agenda is: 10-3199 /Calvary Chanel of the Hudson Valley: - To discuss a site plan for a place of worship that would consist of 24,000 sq. ft. and 200 parking spaces and 133 proposed parking spaces to be land banked for a total of 333 spaces on 48.86 acres in a CC & R-40 Zoning District. The property is located on Route 376 and Diddell Road and is identified as Tax Grid No. 6359-03-176082 in the Town of Wappinger. (Berger)(LA June 1, 2010)(Neg Dec 9-16-13)(PH opened 10-7-13) (PH closed 1-22-14) Mr. Cantor: My goal is to hear you say to David to prepare a resolution. There were two comment letters from David's office. There was one on general planning issues and one on traffic. I will turn this over to Joe Berger to help answer some of these questions. Mr. Berger: The planning issues revolved around the land banking of the parking lot, making sure the lines were delineated. We did show them on the previous maps and we did agree with the planner to enhance them. We did add additional language to the maps. We have a complete application at DEC and we did supply the town with the report. The only thing left is the Health Department and that should be coming. We did submit the alternative plans from the DOT. Mr. Stolman: Have you submitted these new plans to the town yet? Mr. Berger: No, we were planning on doing it tomorrow morning just in case there were any suggested changes tonight. Mr. Cantor: The last site plan was modified to show two alternatives having to do with access and exiting the property. One if there is no turning lane required; the other if there is a turning lane required by the DOT. Mr. Stolman: The alternate is showing one lane in and two lanes out. This is the plan we prefer and recommend. A letter could be sent to the DOT to let them know this is the plan the Planning Board prefers. We have also recommended some warning lights. The applicant should pursue that as well with the DOT. 2 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 3 Ms. Visconti: Can that be covered with a letter from the Planning Board as a suggestion to the DOT? Mr. Stolman: Yes. Ms. Visconti: Does it have to be in a resolution or should that be a separate action? Mr. Stolman: There should be two things. The resolution should embrace that alternative. I would recommend writing a letter directly to the DOT so the DOT knows the Planning Boards position. Mr. Valdati: It would also reflect the applicant's position finding this amendable to using that alternative. Mr. Cantor: I am assuming that the Planning Board would consider a resolution considering both alternatives depending on what DOT does. Mr. Stolman: It is ultimately up to the DOT. I think the Planning Board should voice their preference. If the DOT does not approve that alternative, the Planning Board may want to have it come back for a discuss in this situation. Ms. Visconti: I think our letter should be very strong in saying this is our preference. Ms. Leed: Is there enough time between services? A comment letter refers to a service at 9 and another at 11. Mr. Cantor: The services last approximately one hour and ten minutes. So there should be no over lapping. Mr. Valdati: Do we craft a resolution approving two alternatives or are we going to be more specific? Mr. Stolman: We could get in touch with the DOT and find out what they want before approving a resolution. Mr. Cantor: Having done all the analysis that you have asked us to do and showing two alternatives our suggestion is whatever DOT approves should be agreeable to you. Mr. Valdati: I realize that the DOT is the ultimate authority in determining the approval of this project; however we have to think of the safety of our residents. 3 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 4 Mr. Stolman: I would like to get in touch with the DOT before the next Planning Board meeting. Mr. Cantor: It is my understanding that the DOT will not take a position until after there is a highway work permit and they analysis the position. Mr. Grealy: Typically DOT will not give their final determination until all the permits are submitted and all the approvals granted. Conceptually you may get an agreement with what the town is recommending but until you get final review approval and I have seen them change their position. Mr. Stolman: We are not looking for a permit; we are not looking to submit detailed engineering drawings. We are still in the conceptual stage. Mr. Roberts: If we approve the site layout the way the Planning Board wants, I find it hard to believe they would reject that outlet. It is up to you and Joe to convince them to justify the layout. You have the support data to justify the layout. Mr. Grealy: With the support data from the town, they will take it seriously. Mr. Cantor: We the applicant is not joining David's view that the turn lanes are necessary or required. We are saying we will do whatever is required to do; and to that we are asking the Planning Board to adopt a site plan with two alternatives. Ms. Leed: Are you submitting two maps to the DOT? Mr. Grealy: Two plans were submitted. Mr. Malafronte: The last letter we got from the DOT said the only thing they will accept is when we make a final decision of the site plan. So it is really up to the Planning Board to make the decision how the egresses will be. So they will accept what we submit? Mr. Grealy: That is not always the case. Ms. Visconti: What happens if you draft a resolution with how we want the turning lanes and send it up to the DOT, then what? Does the DOT have the right to say no or could they say the town likes it this way and then they approve it. Mr. Stolman: Yes. Ms. Visconti: If we send a letter with our approval of what we want, that should have some weight. 4 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 5 Mr. Cantor: What I am trying to avoid is finding out what you approved and what the DOT wants is not the same and then having to come back in a couple of months. Mr. Valdati: Mr. Stolman, what is your recommendation on what kind of resolution we can craft. Mr. Stolman: Given what I have said and what Phil had said; conceptually approving the lanes. It would be good to try to find out what the DOT will accept and then base our resolution on that. Mr. Valdati: Then we will hold off on the resolution. Mr. Stolman: We can draft a resolution based on this and if I find out they want something else, I would bring that information back to you and we will go from there. Mr. Cantor: That sticks us out another month. Ms. Visconti: Do you think you would have some information by our next meeting which is the 17~'? We will draft a resolution stating the turning lanes as we want them and if something comes back different from the DOT we would go from there. That will only put you out two weeks. Mr. Malafronte: I make a motion to have the planner draft a resolution to include the exit and entrance to be what the board has suggested. Mr. Dao: Second. Mr. Valdati: Roll call. Ms. Rose: June Visconti Aye Angela Bettina Aye Frank Malafronte Aye Marsha Leed Aye Max Dao Aye Robert Valdati Aye Mr. Valdati: The next item on the agenda is: 13-3289/14-5167Durants Tents & Events-To discuss the proposal of combining their two lots and removing 1,138 square feet from an existing building to add a 3,600 square foot addition to the northwest corner. With the proposed modification/addition, the building will contain 4,799 square feet of retail and 7,248 square feet of storage. In addition 4 additional parking spaces will Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 6 be added. The property is located at 5 Osborne Hill and 1155 Route 9 and is identified by Tax Grid No 6157-04-632086(Route 9) and 6157-04-627103(Osborne Hill Road) in the Town of Wappinger. (Povall) Mr. Valdati: The Planning Board did do a site visit. Mr. Povall: We did make some changes to the plan and we did submit a subdivision application so the two parcels can be combined. We addressed the display area (pointing to the map). We will be grading this area to make it more visible. Ms. Visconti: When we did our site visit, I didn't think the display area would be a distraction on Route 9 because it is lower. Mr. Povall: Right now Route 9 is eight to ten feet higher than the display area. We are looking to raise the ground about two feet. Ms. Leed: Is there lighting in the display area? Mr. Povall: No because the items in the display area are deflated and put away. Mr. Valdati: There will be a number attached to the amount of items that can be displayed. Mr. Malafronte: Does the DOT have to weigh in on this? Mr. Povall: This is not on the DOT right away. In David's memo, it said the display area will be paved. It is not going to be paved and it is noted on the new submission. There are trees here (pointing to the map), as far as putting trees in the front for this type of business visibility is important. There will also be landscaping up front. Ms. Visconti: Do they still need to go to the ZBA? Mrs. Roberti: Yes. Mr. Malafronte: Are there any green issues we have to address because of the subdivision? Mr. Stolman: The subdivision is only to dissolve a lot line. Ms. Visconti: Is the display area considered a sign? 6 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 7 Mr. Stolman: The display area is for advertising. Mr. Valdati: What is our next step? Mr. Stolman: We can draft a Lead Agency letter. At some point we will need to schedule a Public Hearing for the subdivision and site plan. Mr. Povall: When do we go to the ZBA? Mrs. Roberti: You can start now. Mr. Valdati: Do I have a motion to circulate a letter for Lead Agency. Ms. Visconti: I make a motion to circulate a letter for Lead Agency. Mr. Dao: Second. Mr. Valdati: All in favor? Board: Aye. Ms. Visconti: I make a motion to schedule a Public Hearing for April 7tn. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: The next item on the agenda is: 14-3298/Farley Site Plan-To discuss the proposed site plan for an office company. The building is approximately 2,600 square feet. The property is in an R-20 zone and is in front of the Town Board for a zoning change. The property is located at 26 Myers Corners Road and is identified at Tax Grid No. 6157-02-787923 in the Town of Wappinger. (Dan Koehler) Mr. Kohler: My name is Dan Kohler and this is Patrick Farley, the applicant. The property is located on the southwest corner of Losee Road and Myers Corners Road. We have approached the Town Board asking if they would rezone this from R-20(One Family Residential District) to CC (Conservation Commercial District). They have looked at it positively. Mr. Farley's business is strictly administrative office use. There are no cars coming in and out except for his employees. There are no deliveries. There are four full time employees and three part time 7 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 8 employees. We do have an existing area for seven cars which is what we need. The code would require nine spaces because of the square footage of the office building. We are asking relief from the board for those two parking spaces. What I would like to ask tonight, if the board could circulate for Lead Agency and looking to set a Public Hearing for the April 7cn meeting. Mr. Valdati: Does the Board of Health need to weigh in on this since it is going from residential to commercial. Mr. Gray: I think they would. Mr. Malafronte: Will you be using the same entrance? Mr. Farley: I will leave it as is. Ms. Leed: Was that built like a home? Mr. Farley: Yes and sat vacant for years. Ms. Leed: Will any part be used as residential? Mr. Farley: No strictly commercial. Mr. Valdati: Do I have a motion to circulate for Lead Agency? Ms. Visconti: I make a motion to circulate for Lead Agency. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: Do I have a motion to have the Public Hearing? Mr. Stolman: Usually when an application is in front of the Town Board for a zoning change, we wait until the zoning change has been made before we have a Public Hearing. Mr. Valdati: We will have a Negative Declaration for the meeting on the 7m They will then go to the Town Board and back to us for a Public Hearing. 8 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 9 Mr. Valdati: The next item on the agenda is a conceptual: 14-3299/J. V. B Group, LLC- To discuss the proposed installation of 2 air conditioning units on the rear of the building. This proposed installation of these units would eliminate 4 parking spaces. The property is on 3.81 acres and is located at 85 Airport Drive and is identified as Tax Grid No. 6259-02-644502 in the Town of Wappinger. (Gillespie) Mr. Gillespie: My name is Mike Gillespie and this was before the board approximately two years ago for site plan approval. It is an indoor recreation facility. This proposal tonight is for large air conditioning units. (Pointing to the map) these would be located on the back of the building. There is parking around the perimeter of the building. We were required to have seventy-five parking spaces. We did bank sixteen spaces along the front here (Pointing to the map); so fifty nine spaces were constructed. With this proposal, we are looking to eliminate an additional four. There has been no parking issues; even during peak hours. (Pointing to the map) the entrance to the building is here and the parking spaces that we would like to eliminate are in the back here. Mr. Stolman: I think the solution is to land bank four more spaces. Ms. Visconti: What is next? Mr. Stolman: First a formal application needs to be submitted. I think a resolution could be ready at the next meeting and a Public Hearing is not needed. Ms. Visconti: I make a motion to authorize the planner to have a resolution for the March 17th meeting. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Malafronte: No. Mr. Valdati: The next item on the agenda is a conceptual: 14-5168/The Ridges At Old Hopewell Estates-To discuss the proposed subdivision of 15.95 acres into 91ots. The existing residence will remain on a 5.9 acre parcel and the remaining 10.05 acres will be divided into 8 9 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 10 building lots of approximately 40,000 square feet each with any necessary improvements. The property is located at 838 Old Hopewell Road and is identified as Taz Grid No. 6257-04-616448 in the Town of Wappinger. (David Stenger) (Day) Mr. Cantor: This conceptual identifies David Stenger as the applicant. I did submit a letter to Barbara and there is an assignment of the contract. David Stenger is there as a contract vendee. That contract vendee was assigned to a Limited Liability Company, LMD Property Holding, LLC. In which, David Stenger is a member and a minority owner. This is a proposed 9 lot subdivision. One of the lots would include this existing home (Pointing to the map). The other lots would be new construction. We have asked to be on the Town Board agenda for March l0`" to ask the Town Board to start the process of considering an extension of the water and sewer district. Mr. Hausle My name is Tom Hausle with LMD Holdings. (Pointing to the map) this is one piece of the Farfaro property and it joins Road C which is connected to Old Hopewell Estates. The intent is to make use of the paper street and to connect to the existing town road. We would like to subdivide these eight building lots. Ms. Visconti: Is Road C coming off of Shamrock Hills Drive? Mr. Hausle I believe so. Ms. Visconti: Is the Farfaro residence on Old Hopewell Road? Mr. Hausle: It is here. (Pointing to the map) Road C is on the back of their property. Mr. Malafronte: Is there a house there now? Mr. Lynch: There is a house on either side. Mr. Roberts: When Shamrock was being built, that was shown before this board as a paper road. Kahara previously owned it. They were contemplating developing the property and they asked if that road could be included. I believe one of the Kahara got sick and died and the property was sold. It is now being brought back to the board. Mrs. Roberti: This has come up a few times. The people that are in Lots 55 and 56 may not like it but they don't own that right away. 10 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 11 Mr. Stolman: This right away was left by the Planning Board for the purpose to provide access to the property we are talking about. Ms. Leed: Do these homes have the proper setbacks if a road goes in? Mr. Roberts: It is an unimproved paper road. Mr. Stolman: There are two legal lots on either side of this. Mr. Gray: When Kahara came before us, there was the ability to build a road. The question then was they wanted to build a driveway. That was the sticking point; if someone can build a driveway in a town right away. Mr. Roberts: Graham disapproved of it. If they are going to build, they will have to hold to town specifications. Mr. Malafronte: Does that easement have enough of a turning radius to go into their property; in between those two houses? Mr. Stolman: No, that is not what is being proposed. Ms. Visconti: It is a full road going into a cul-de-sac. Mr. Hausle: We do not want to buy this property. We just want to develop it to town specifications. Mr. Valdati: What are the thoughts of the Planning Board? Mr. Malafronte: As long as they meet the town specifications. Mr. Cantor: There was a question if Al should recues himself from this project. From the applicant's point of view, we hope you will see fit to have him participate. There is no one in Al's firm who has any interest in this application. Ms. Visconti: I don't have a problem. Mr. Cantor: While it is your business and I don't want to overstep my bounds, from the applicant's point of view it would be much easier, with Al's history of the property, that he could participate. Thanks 11 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 12 Mr. Valdati: The next item on the agenda is: 10-3216 / Brundage: The applicant is seeking their fourth extension for three months on their approved site plan and SUP to legalizing two houses, one for rental income, one for their primary residence and a retail business on 1.76 acres in the NB Zoning District. This extension will begin on January 1, 2014 through March 30, 2014. The property is located at 2088 Route 9D and is identified as Tax Grid No. 6057-04-847098 in the Town of Wappinger. (Day) (PH opened and closed 6-6-I1. Resolution Approved Judy 6, 2011) (First extension granted July S, 2012 thru January 3, 2013, second thru July S, 2013, third July 1, 2013 thru January 1, 2014.) Mr. Brundage: My name is Martin Brundage and I am here to request an extension. Mrs. Roberti and I had a meeting last week. She was kind enough to guide me through what needs to be done to get this resolution closed. She did notice that the site plans were not signed by the Health Department. I did have a meeting with Peter Marlow, from the Health Department. I did give him all six copies of the map. He said they were signed in the beginning and he gave me the copy; so were the engineering plans signed. I will provide Mrs. Roberti with these copies and this should complete everything and the resolution can be signed. Mrs. Roberti: Mr. Brundage received his approval some time ago. He has been getting extension to try to meet all the conditions. The only thing outstanding is the DEC permit. The permit expired; it expired in December 2012. That will have to be extended. I am asking the board to extend this application until March 30tH Ms. Visconti: I would authorize the extension be granted. Ms. Bettina: Second. Mr. Roberts: I don't think March 30te would give him a long time. Ms. Visconti: I would authorize an extension until June 30, 2014. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: We did postpone the acceptance of the minutes. Did everyone receive the open meeting law from Mr. Roberts? Discussion of the law pursued 12 Town of Wappinger Planning Board Summarized Minutes -March 3, 2014 Page 13 Mr. Valdati: Ms. Visconti: Ms. Bettina: Mr. Valdati: Mr. Dao: Ms. Bettina: Mr. Valdati: Ms. Bettina: Mr. Malafronte: Mr. Valdati: Board: Can I have a motion to go into executive session? I make a motion to go into executive session. Second. Can I have a motion to come out of executive session? I make a motion to come out of executive session. Second. Can I have a motion to adjourn this meeting? I make a motion to come out of executive session. Second. All in favor? Aye. Respectfully, Sue Rose, Secretary Planning Board The meeting ended at 9:45PM 13 r MINUTES Town of Wappinger Planning Board March 17, 2014 Time: 7:00 PM Members Present: Mr. Valdati: Ms. Leed: Ms. Bettina: Ms. Visconti Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Mr. Malafronte: Member Member Mr. Fanuele: Absent Member Mr. Dao: Member Member Others Present: Mr. Hobbday Engineer to the Town Ms. Lisa Cobb Attorney to the Town Mr. Stolman Planner to the Town Mrs. Roberti Zoning Administrator Ms. Rose Planning & Zoning Secretary SUMMARIZED PROJECTS DISCUSSED: Discussion• Greenbaum & Gilhooley's J. V. B. Group, LLC Calvary Chapel of Hudson Valley Farm to Table Prestige Mini Conceutual• Red Oaks Mill-Rawland Site Myers Corners-Rawland Site OUTCOME Public Hearing for Apri17`h Amended Resolution Accepted Amended Resolution Accepted Resolution to be Drafted Tree Cutting Accepted with Restoration Bond Formal Application to be Submitted Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 2 Mr. Valdati: Please rise for the Pledge Allegiance. Mr. Valdati: First item on the agenda is the acceptance of the minutes from January 22, 2014, February 3, 2014, March 3, 2014, December 2, 2013, November 4, 2013 and November 18, 2013. Ms. Visconti: I make a motion to accept the minutes? Mr. Dao: Second. Mr. Malafronte: No. Mr. Valdati: Next on the agenda is: 13-3279/Greenbaum & Gilhooley's Site Plan-To discuss the proposed site plan to include the current restaurant, an additional retail building and a standalone bank on 1.89 acres in an HB zoning district. The property is located at 1379 Route 9 and is identified as Tax Grid No. 6157- 02-594684. (Robert Turner [Tinkelman Architecture])(Neg Dec 1-22-14) (L/A 8-26-13) Mr. Tinkelman: We have been through the Zoning Board and we have all our variances. We have worked with the professional and the issues are winding down. We will be resubmitting next week for the April meeting. We would like to set the Public Hearing for next month, if you see fit. One of Mr. Gray's comments was the submission of the SWPPP which will be submitted. Ms. Visconti: Mr. Stolman, you left the signage up to the discretion of the Planning Board? Mr. Stolman: Yes that is the only thing you have to do. There are two wall mounted signs on the bank building. Only one sign is permitted but the Planning Board does have the discretion to vary to what it says in the code. Mr. Tinkelman: Our goal would be to have the signs face Old Route 9 and Route 9. We would like a sign facing Old Route 9 because that will be an access to the bank. In 2 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 3 your packet, we are showing signage above the other access doors facing Old Route 9. They would be smaller and more discreet in size. Mr. Valdati: Are they illuminated? Mr. Tinkelman: Yes and at the next meeting we will have color and materials that are going to be used. We would like to have a pylon sign by the main entrance. Ms. Visconti: The signs on the Old Route 9 side, will they be over their door? Mr. Tinkelman: We are currently showing signs over the doors but after some discussion, it may deceive and you may think that is the door to come through. We are now thinking of making a directory on the back of the building. Mrs. Roberti: You are allowed signage on the front of the building and if it is a corner property, you are allowed one on the side. Mr. Tinkelman: We are looking for addition signage on the back. Ms. Visconti: Can we review the signage, when it comes in and make it part of the site plan? Mr. Stolman: Yes, you have the right to agree to this. I don't think the signs on the back of the building are substantial enough to see. Mr. Valdati: I like the fact that there will be signage on both sides of the building. We don't often have a building that has two sides like this. Ms. Visconti: I think it's important that there is signage on both sides. Mr. Valdati: Does anyone have an objection to having smaller signs on the Old Route 9 side? Board: No. Mrs. Roberti: Will the bank want its own free standing sign? Mr. Tinkelman: We are currently showing it on pylon sign on the Route 9 side and the bank will share it. Ms. Visconti: The Fire Prevention Bureau wants confirmation concerning 911 and they want confirmation that the entrance and exit is wide enough for their trucks. Mr. Turner: I was in touch with Dutchess County Emergency Response Service and there is a form that needs to be filled out before we go for a building permit. We have 3 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 4 to get that to them before we apply for a building permit. We did a truck circulation study had they are adequate. Mr. Stolman: We did review the turning radius and we find it satisfactory. Mr. Malafronte: What about outdoor seating? Mr. Turner: We did have it on our site plan and it will also be on the next submission. Mr. Malafronte: How many outdoor seatings are you proposing? Mr. Turner: Sixteen. Mr. Tinkelman: We don't have a commitment from any of our tenants yet, this is just in case someone wants outdoor seating. Ms. Visconti: Motion to set the Public Hearing for April 7th. Mr. Dao: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: The next item on the agenda is: 14-3299/J. V. B Group, LLC- To vote on a resolution for the proposed installation of 2 air conditioning units on the rear of the building. This proposed installation of these units would eliminate 4 parking spaces. The property is on 3.81 acres and is located at 85 Airport Drive and is identified as Tax Grid No. 6259-02-644502 in the Town of Wappinger. (Gillespie) Mr. Stolman: There are just a couple of changes to this resolution. Ms. Visconti: I make a motion to accept the amended resolution. Ms. Bettina: Second. Mr. Valdati: Roll call vote. Ms. Rose: Frank Malafronte Aye Marsha Leed Aye 4 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 5 Max Dao Aye June Visconti Aye Angela Bettina Aye Robert Valdati Aye 3/17/14 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: J.V.B. GROUP, LLC - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN APPROVAL At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the seventeenth day of March 2014 at 7:00 P.M. The meeting was called to order by the Chairman Robert L. Valdati and the Planning Board member attendance was as follows: Robert L. Valdati Angela Bettina Max Dao Victor Fanuele Marsha Leed Francis Malafronte June Visconti The following resolution was moved by and seconded by WHEREAS, the Town of Wappinger Planning Board has received the applications of J.V.B. Group, LLC (the "Applicant" and "Owner") for Amended Site Plan Approval for the installation of two (2) air conditioning units in the rear of the existing building (the "Project" or "Proposed Action"); and WHEREAS, the Project also includes the removal of a total of four (4) parking spaces to accommodate the air conditioning units; and 5 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 6 WHEREAS, the Subject Property currently holds Site Development Plan and Wetlands Permit approvals fora 14,000-square foot contractor's storage and office building with associated parking, and WHEREAS, the Subject Property also holds Amended Site Development Plan and Special Use Permit approvals for an indoor commercial recreation facility; and WHEREAS, as part of the approval for the above mentioned indoor commercial recreation facility, the Planning Board waived the initial construction of 16 parking spaces in accordance with Section 240-96.F of the Zoning Law; and WHEREAS, the Applicant is seeking an approval from the Planning Board to land-bank the above mentioned four parking spaces that would be removed to accommodate the air conditioning units; and WHEREAS, the X3.8-acre site is known as tax lot 6259-02-644502 and is located at 85 Airport Drive on the north side of Airport Drive approximately 2,000 feet east of New Hackensack Road, and is within the AI (Airport Industrial) District in the Town of Wappinger (the "Subject Property" or "Site"); and WHEREAS, the Applicant has submitted the following plan entitled "Amended Site Plan - Special Use Permit, J.V.B. Group, LLC, Revision to VanBenschoten Site Plan, Town of Wappinger, Dutchess County, New York," dated February 4, 2014, revised March 4, 2014 and prepared by M. Gillespie and Associates (this above listed drawing constitutes the "Amended Site Plan"); and WHEREAS, the Proposed Action is an Unlisted action in accordance with the State Environmental Quality Review Law and the Wappinger Environmental Quality Review Law; and WHEREAS, the Planning Board has determined that the proposed modifications to the site plan do not rise to the level of necessitating a public hearing; and WHEREAS, the Planning Board is familiar with the Site and all aspects of the Project and is satisfied that the Project will comply with the Zoning Law including the provisions for Site Development Plan, Parking and Performance Standards of Articles IX through XI respectively of the Zoning Law as well as other applicable laws and regulations subject to the conditions below. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: L The Planning Board hereby adopts and incorporates as fmdings and determinations the recitations and statements set forth above as if fully set forth and resolved herein. 6 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 7 2. The Planning Board hereby approves the land-banking of four (4) additional parking spaces in accordance with Section 240-96.F of the Zoning Law. 3. Pursuant to State Environmental Quality Review regulations, the Planning Board hereby adopts a Negative Declaration on the grounds that the Proposed Action will not result in any significant adverse environmental impacts since the installation of two air conditioning units is considered minor disturbance. 4. The Planning Board hereby grants Amended Site Development Plan Approval to the Project for the installation of two (2) air conditioning units in the rear of the existing building, as shown on the Amended Site Plan and as defined above, on the Subject Property in accordance with the provisions of Articles IX through XI respectively of the Zoning Law, subject to the following conditions and modifications: a. The following shall be fulfilled prior to the issuance of a Building Permit in conjunction with this Project: (1) The Property Owner and Applicant shall endorse and submit a copy of this Resolution to the Zoning Administrator for filing. (2) The Owner of the Subject Property shall submit a copy of the current deed to prove his ownership of said property. (3) The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the Subject Property have been paid in full. (4) The following shall be addressed to the satisfaction of the Town Planner: (a) The Applicant shall submit a Short Environmental Assessment Form. (b) The plan shall be revised to include a detail for the proposed bollards. (c) The "Amended Site Plan" note located in the bubble above the "Site Specific Notes" on the plan shall be revised to correct the number of previously land-banked parking spaces from fifteen (15) spaces to sixteen (16) spaces. The reference to the total number of parking spaces in the note shall be changed to twenty (20) parking spaces. (d) The plan entitled "Amended Site Plan -Special Use Permit, J.V.B. Group, LLC, Revision to VanBenschoten Site Plan, Town of Wappinger, Dutchess 7 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 8 County, New York," shall be revised to eliminate the "Special Use Permit" from the title. b. The following conditions shall be satisfied prior to the issuance of a Certificate of Occupancy: (1) The Applicant shall fulfill all of the conditions of, and shall complete all improvements required in accordance with this Resolution of Amended Site Development Plan Approval. (2) The Fire Prevention Bureau and the Fire Inspector shall inspect the premises, and evidence of their satisfaction shall be submitted to the Town Zoning Administrator. 5. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in the review of this Project which are in excess of the application review fees paid by the Applicant to-date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefore has not been granted by the Planning Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will only made in accordance with the provisions of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds. 6. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown, this Amended Site Development Plan Approval shall expire and become void one (1) year from the date of the adoption of this resolution if an application for a Building Permit has not been made, or three (3) years from the date of the adoption of this resolution if construction in conformance with the approved Amended Site Development Plan has not been completed, if the construction is not prosecuted with reasonable diligence, or if the premises has been substantially vacant or inactive for more than three (3) years. An application for extension of site plan approval shall be made by the Applicant to the Planning Board prior to the expiration of the specific time period sought to be extended. The Planning Board may extend all time limits for good cause shown, if the Board deems such extension warranted. 7. The continued validity of any Building Permit or Certificate of Occupancy issued in accordance with the Project shall be subject to continued conformance with such approved Amended Site Development Plan Approval. 8 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 9 8. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Applicant shall also sign a copy of this resolution after it has been initially endorsed by the Chairman acknowledging his receipt of a copy of the resolution. When all of the conditions set forth in the conditions above have been satisfied, six (6) sets of the above referenced plans, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, certifying that the plans comply with the terms of this resolution, at which time, the Chairman shall also endorse this resolution in the space provided below, certifying that the applicant has complied with the above conditions of approval and that the issuance of a building permit is authorized for the improvement set forth in this Project. One (1) set of the endorsed plans will be returned to the Applicant, one (1) set will be retained by the 9 10. Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town Highway Superintendent and Town Fire Inspector. The Applicant must return for approval from the Planning Board if any changes to the endorsed plans and/or this Resolution of Approval are subsequently desired. Except as specifically modified herein, the Resolutions of Site Plan, Special Use Permit and Wetlands Permit Approvals and any amendments thereto for the Subject Property previously adopted by the Planning Board shall remain valid and in full force and effect. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Robert L. Valdati, Chairman Voting: Angela Bettina Voting: Max Dao Voting: Victor Fanuele Voting: Marsha Leed Voting: Francis Malafronte Voting: June Visconti Voting: The resolution is hereby duly declared adopted. 9 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 10 Dated: March 17, 2014 Wappingers Falls, New York Robert L. Valdati, Chairman Town of Wappinger Planning Board Mr. Valdati: Date The next item on the agenda is: 10-3199 /Calvary Chapel of the Hudson Valley: - To vote on a resolution for the proposed site plan for a place of worship that would consist of 24,000 sq. ft. and 200 parking spaces and 133 proposed parking spaces to be land banked for a total of 333 spaces on 48.86 acres in a CC & R-40 Zoning District. The property is located on Route 376 and Diddell Road and is identified as Tax Grid No. 6359-03-176082 in the Town of Wappinger. (Berger)(LA June 1, 2010)(Neg Dec 9-16-13)(PH opened 10-7-13) (PH closed 1-22-14) Mr. Stolman: I would like to go over some of the changes to the resolution. The entrance will have two lanes going out and one going in and on Route 376 there would be turning lanes. Ms. Visconti: I move the resolution as amended by Mr. Stolman. Mr. Dao: Second. Mr. Valdati: Roll call vote. Ms. Rose: Frank Malafronte Aye Marsha Leed Aye Max Dao Aye June Visconti Aye Angela Bettina Aye Robert Valdati Aye 3/17/14 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: CALVARY CHAPEL OF THE HUDSON VALLEY - RESOLUTION OF SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS 10 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 11 At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day of , 2014 at 7:00 P.M. The meeting was called to order by the Chairman Robert L. Valdati and the Planning Board member attendance was as follows: Robert L. Valdati Angela Bettina Max Dao Victor Fanuele Marsha Leed Francis Malafronte June Visconti The following resolution was moved by and seconded by WHEREAS, the Town of Wappinger Planning Board has received an application of Calvary Chapel of the Hudson Valley (the "Applicant" and "Owner") for Site Development Plan and Wetlands Permit Approvals for construction of a 24,000-square foot building with a 724-seat capacity which includes a Sanctuary, Fellowship Hall with kitchen, classrooms, offices and coffee bar area, and associated parking facilities (the "Project" or "Proposed Action"); and WHEREAS, the Project also involves 333 parking spaces of which 133 are proposed to be land- banked in accordance with Section 240-96.F of the Zoning Law; and WHEREAS, the X48.86-acre property is known as tax lot 6359-03-176082 and is located on the east side of Route 376, south of Diddell Road within both the R-40 zoning district and the Conservation Commercial (CC) zoning district (the "Subject Property" or "Site"); and WHEREAS, the eastern boundary of the property adjoins lands of the Dutchess County Rail Trail system; and WHEREAS, there are U.S. Army Corps of Engineers (ACOE), New York State Department of Environmental Conservation (NYSDEC) and Town of Wappinger regulated wetlands on the property; and 11 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 12 WHEREAS, the Proposed Action will result in a 0.08-acre disturbance to wetlands as well as a 0.74-acre disturbance in the NYSDEC regulated wetlands buffer and 1.02-acre disturbance in the Town regulated wetlands buffer; and WHEREAS, the above mentioned disturbances will be offset by the creation of 0.24 acres of wetlands, which will restore the connection between two undisturbed wetlands that are currently separated by existing fill; and WHEREAS, the Applicant has submitted an Application form for Site Plan Approval, dated March 22, 2010, an Owner's Consent form dated March 22, 2010; an application form for Wetland Disturbance Permit, dated August 16, 201 l; a Full Environmental Assessment Form (Parts 1, 2 and 3), dated July 15, 2010, revised December 5, 2011; an Ecological Assessment report dated July 2011 and prepared by Aspen Environmental; a Wetland Functional Evaluation report dated January 9, 2008 and prepared by Ecological Solutions, LLC; a Mitigation Monitoring Plan, no date; Phase lA Archeological Sensitivity Assessment and Phase IB Archeological Field Reconnaissance, dated May 2013, prepared by Hartgen Archeological Associates, Inc., Rensselaer, New York; and the following sheets of plans generally entitled "Calvary Chapel of the Hudson Valley Site Plan" dated 03/22/10, last revised 2/27/14 unless otherwise stated and prepared by Berger Engineering and Land Surveying, Poughkeepsie, New York: 1. Sheet 1, Title Page; 2. Sheet 2, Site, Landscape, Truck Turn Plan; 3. Sheet 3, Grading and Utility Plan; 4. Sheet 4, Erosion and Sediment Control Plan; 5. Sheet 5, Wetland Section Map, dated 02/23/11, last revised 1/29/14; 6. Sheet 6, Site, Landscape and Drainage Details, last revised 1/29/14; 7. Sheet 7, Drainage and Erosion and Sediment Control Details, last revised l /29/14; 8. Sheet 8, Sanitary Sewage Disposal and Well Details, last revised 1/29/14; 9. Sheet ALT-I, Route 376 Alternate Entrance Plan, dated 07/23/10, last revised 2/7/14; 10. Sheet ALT-2, Route 376 Alternate Improvement Sight Distance Plan, dated 02/23/11., last revised 2/7/14; 11. Sheet 11, Landscape Plan - A -Entrance, last revised 1/29/14; 12. Sheet 12, Landscape Plan - B -Central, last revised 1/29/14; 13. Sheet 13, Landscape Plan - C -East, last revised 1 /29/14; 14. Sheet 14, Landscape Plan - D -Drive, last revised 1/29/14; 15. Sheet 15, Landscape Plan - E -Auxiliary Parking, last revised 1/29/14; 16. Sheet 16, Landscape Plan - F -Mitigation, last revised 1/29/14; 17. Sheet 17, Lighting Plan, dated 05/23/12 and prepared by RAB Lighting; and 18. Sheet 18, Lighting Plan Details, dated 05/23/12 and prepared by RAB Lighting; and WHEREAS, the Applicant also submitted the following 4 sheets of wetlands maps generally entitled "Calvary Chapel of the Hudson Valley Site Plan" dated 06/22/10, last revised 12/05/11 unless otherwise stated and prepared by Berger Engineering and Land Surveying, Poughkeepsie, New York: 19. Sheet 1 of 4, Wetland Map; 12 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 13 20. Sheet 2 of 4, Wetland Map -DEC Disturbance, dated 02/27/10, revised 12/05/11; 21. Sheet 3 of 4, Wetland Map - ACOE and Town Disturbance; and 22. Sheet 4 of 4, Wetland Section Map, dated 02/27/10, revised 12/05/11; and WHEREAS, the Applicant also provided the following sheets of architectural drawings generally entitled "Calvary Chapel of the Hudson Valley Site Plan" prepared by Barden Building Systems: 23. Sheet A-1, Front and Side Elevations, dated 12/28/2007, last revised 1/27/2014; 24. Sheet A-2, Rear and Side Elevation, dated 12/28/2007, last revised 1/27/2014; 25. Sheet A-2, "Floor Plan," dated 11./13/07, last revised 06/17/08 (the twenty-five (25) above mentioned drawings constitute the "Site Plan Drawings"); and WHEREAS, in accordance with Sections 239-1 and m of the New York State General Municipal Law, the Planning Board referred the subject Site Development Plan and Wetlands Permit applications to the Dutchess County Department of Planning and Development (DCDPD); and WHEREAS, the DCDPD responded to the above mentioned referral in its form letters dated April 19, 2010 and September 6, 2013 which the latter concluded that the Proposed Action was a "Matter of Local Concern with Comments;" and WHEREAS, the Planning Board has considered the comments from the DCDPD; and WHEREAS, the Proposed Action is a Type I action in accordance with the State Environmental Quality Review (SEQR) and the Wappinger Environmental Quality Review (WEQR) Law; and WHEREAS, the Planning Board assumed the status of Lead Agency after circulating a Notice of Intent on June 1, 2010 to serve in such a capacity and received no objections from any of the other Involved Agencies; and WHEREAS, pursuant to State Environmental Quality Review regulations, the Planning Board thoroughly analyzed the potential adverse environmental impacts of the Project and adopted a Negative Declaration on September 16, 2013, thereby finding that the Proposed Action will not have any significant adverse environmental impacts and thereby ending the SEQR process; and WHEREAS, a duly advertised public hearing on the Project application was opened on October 7, 2013 and continued on November 18, 2013, January 6, 2014 and January 22, 2014 and closed on the latest date, at which times all those wishing to be heard were given the opportunity to be heard; and WHEREAS, the Planning Board is familiar with the Site and all aspects of the Project and is satisfied that the Project will comply with the Zoning Law including the provisions relating to Site 13 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 14 Development Plan, Parking and Performance Standards of Articles IX through XI of the Zoning Law, and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection of the Town Code as well as other applicable laws and regulations subject to the conditions below. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Planning hereby waives the initial construction of 133 parking spaces in accordance with Section 240-96.F of the Zoning Law. The Planning Board hereby grants Site Development Plan and Wetlands Permit Approvals to the Project for the construction of a 24,000-square foot building with a 724-seat capacity which includes a Sanctuary, Fellowship Hall with kitchen, classrooms, offices and coffee bar area, and associated parking facilities, as defined above and as shown on Site Plan Drawings, on the Subject Property in accordance with the provisions of Articles IX through XI of the Zoning Law and Chapter 137, Freshwater Wetland, Waterbody and Watercourse Protection, of the Town Code subject to the following conditions and modifications: a. The following shall be fulfilled prior to the issuance of a Building Permit in conjunction with this Project: (1) The Property Owner and Applicant shall endorse and submit a copy of this Resolution to the Zoning Administrator for filing. (2) The Owner of the Subject Property shall submit a copy of the current deed to prove his ownership of said property. (3) The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the Subject Property have been paid in full. (4) The following comments contained in the Town Engineer's letter to the Planning Board dated February 11, 2014, and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town Engineer: (a) All required signatures and seals (owner, engineer, surveyor) shall be shown on the Site Plan. (b) Evidence of all required permits shall be provided from the: 14 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 15 i. New York State Department of Transportation; ii. New York State Department of Environmental Conservation (SPDES and wetland disturbance permit); iii. Army Corps of Engineers; and iv. Dutchess County Health Department (water supply and sewage disposal). (c) The final Stormwater Pollution Prevention Plan shall be signed and sealed by a New York State Licensed Professional Engineer. (5) The following comments contained in the Town Planner's letter to the Planning Board dated February 11, 2014, and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town Planner: (a) The elevation drawings shall be revised to change the color of the roof to a light color to improve the energy efficiency of the building. (b) The following statement shall be added to the grading plan (Sheet 3) and the phasing plan (Sheet 4) as a note in all areas of land-banked parking that will not be graded: "This area of land-banked parking shall not be cleared, graded or disturbed in any way until such time as the land-banked parking is determined to be necessary and Phase 3 of the construction is authorized by the Planning Board." (c) The site plan should include details for proposed sign(s) as per Section 240- 29.F of the Zoning Law, including size(s), materials, colors, illumination and typefaces including wall-mounted and/or free-standing sign(s). (d) The Applicant shall address all comments contained in the Town Planner's Site Access/Traffic Impact Study memorandum dated February 26, 2014. (e) CURVE WARN][NG signs with flashing beacons which shall operate at all times shall be shown on Sheets ALT-1 and ALT-2 listed above. (f) Sheets 1 through 3 of the drawings listed on page 2 above shall be revised by means of adding a note which states: "See Sheets ALT-1 and ALT-2 for required and approved traffic improvements including the clearing needed to achieve sight distances on Sheet ALT-2." 15 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 16 (6) The following items shall be submitted by the Applicant and are subject to the review and approval of the Town Attorney: (a) Agreements and easements regarding the construction, operation, maintenance and enforcement of provisions regarding stormwater management systems. (b) The long-term Operation and Maintenance Plan agreement for the post- construction stormwater management practices. (7) Pursuant to Section 240-96.F of the Zoning Law, "written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such [parking] spaces which may have been waived, the guarantees must provide that these spaces must be constructed by the property owner within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed." (8) The Applicant shall fund apost-approval escrow account in accordance with Section 122-16 of the Town Code. b. The following conditions shall be satisfied prior to the issuance of a Certificate of Occupancy: (1) The Applicant shall fulfill all of the conditions of, and shall complete all improvements in accordance with this Resolution of Site Development Plan and Wetlands Permit Approvals. (2) Certified "as-built" drawing(s) shall be submitted to the Town Zoning Administrator. (3) The Fire Prevention Bureau and the Fire Inspector shall inspect the premises, and evidence of their satisfaction shall be submitted to the Town Zoning Administrator. 4. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in the review of this Project which are in excess of the application review fees paid by the Applicant to-date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefore has not been granted by the Planning Board, this Resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will only made in accordance with the 16 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 17 provisions of Chapter 240 Attachment 6:1, Planning and Zoning Departments Fees and Escrow Funds. S. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown, this Site Development Plan Approval shall expire and become void one (1) year from the date of the adoption of this resolution if an application for a Building Permit has not been made, or three (3) years from the date of the adoption of this resolution if construction in conformance with the approved Site Development Plan has not been completed, if the construction is not prosecuted with reasonable diligence, or if the premises has been substantially vacant or inactive for more than three (3) years. An application for extension of site plan approval shall be made by the applicant to the Planning Board prior to the expiration of the specific time period sought to be extended. The Planning Board may extend all time limits for good cause shown, if the Board deems such extension warranted. 6. The continued validity of any Building Permit or Certificate of Occupancy issued in accordance with the approved Site Development Plan and Wetlands Permit shall be subject to continued conformance with such approved Site Development Plan and Wetlands Permit. 7. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Applicant shall also sign a copy of this resolution after it has been initially endorsed by the Chairman acknowledging his receipt of a copy of the resolution. When all of the conditions set forth in the conditions above have been satisfied, six (6) sets of the above referenced plans, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, certifying that the plans comply with the terms of this resolution, at which time the Chairman shall also endorse this resolution in the space provided below, certifying that the Applicant has complied with the above conditions of approval and that the issuance of a Building Permit is authorized for the improvement set forth in this Project. One (1) set of the endorsed plans will be returned to the Applicant, one (1) set will be retained by the Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town Highway Superintendent and Town Fire Inspector. 8. The Applicant must return for approval from the Planning Board if any changes to the endorsed plans and/or this Resolution of Approval are subsequently desired. 17 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 18 The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Robert L. Valdati, Chairman Voting: Angela Bettina Voting: Max Dao Voting: Victor Fanuele Voting: Marsha Leed Voting: Francis Malafronte Voting: June Visconti Voting: The resolution is hereby duly declared adopted. Dated: , 2014 Wappingers Falls, New York Robert L. Valdati, Chairman Town of Wappinger Planning Board Date Calvary Chapel of the Hudson Valley Date Applicant and Owner The following endorsement hereby confirms that the Applicant has fulfilled all of the conditions of this resolution of the Site Development Plan and Wetlands Permit Approvals necessary for the issuance of a Building Permit. Robert L. Valdati, Chairman Town of Wappinger Planning Board Date 18 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 19 J:\DOCS2\500\Wappinger\CalvazyChapeloftheHudsonValley 771 prn (site plan and wetlands) final.dhs.doc Mr. Valdati: The next item on the agenda is: 13-3282/Farm to Table Bistro(Outdoor Dining)- To discuss expanding outdoor dining into the parking lot. The property is located at 1083 Route 9 and is identified by Tax Grid No. 6156- 02-710924. (Chris O'Brien) Mr. O'Brien: I have reviewed the comments made by Mr. Stolman. He mentions a sidewalk in the back of the building. There is no continuous sidewalk in the back of the building. The town engineer is satisfied with the plans. Mr. Stolman: We want to make sure that there are planters and bollards in the back. Mr. Valdati: There is a truck in the back. Mr. O'Brien: It is stationary. Mr. Valdati: I think some bollards should be placed there also. Would you be having music out there? Mr. O'Brien: As of now, there are no plans for music. We are just trying to increase the outdoor seating. Mr. Valdati: You requested your hours to be until 11PM. Mr. O'Brien: Yes but my business is winding down by 11PM and that includes Friday and Saturday. Mr. Valdati: You are concerned to get the front developed asap and not the rear. Mr. O'Brien: The back is more of a financial commitment right now. 19 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 20 Mr. Valdati: Mr. O'Brien: Mr. Valdati: Mr. Stolman: Mr. O'Brien: Mr. Valdati: Ms. Visconti: Mr. Valdati: Ms. Visconti: Ms. Bettina: What is the time frame? This fall or maybe next spring. We are looking at it to be phased because the clock starts as soon the resolution is signed. Phasing it would be to your benefit because you would have to finish the back before you can use the front. That is fine with us. How does the board feel about the hours of operation? It is fine with me. How about music? I don't have a problem with music. I don't have a problem with music as long as it is reasonable. Mr. Stolman: The Town Board is likely going to adopt a local law concerning noise, if you had outside music you would need a special use permit. Mr. Valdati: Let's prepare a resolution with the thought of having music. Ms. Visconti: I make a motion to have Mr. Stolman draft a resolution including music. Mr. Malafronte: Second. Mr. Valdati: All in favor? Board: Aye. 20 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 21 Mr. Valdati: The next item on the agenda is: 13-3283/Prestige Mini- To discuss the cutting of trees prior to March 31, 2014.The property is located at 1162 Route 9 and is identified by Tax Grid 6157-04-674155. (Paggi~ Mr. Paggi: We are here to discuss the cutting of trees prior to March 31St. The applicant wants to start building as soon as possible because he would like to be open by this fall. There will be a restoration bond of $4,640. We would also like to chip the tree instead of just leaving them there. It will make the site more presentable. There will be no land disturbance. The stumps will stay as is. Ms. Visconti: I make a motion to allow the trees to be cut down and chipped with the stumps staying in place. Ms. Bettina: Second. Mr. Valdati: All in favor? Board: Aye. Mr. Valdati: The next item on the agenda is a conceptual: 14-3300/Red Oaks Mill-Rawland Site-To discuss the proposed construction of a 150'stealth cell phone tower ("tree tower") to be housed within a 60' by 60' fenced in compound. The compound will also house a 12' by 20' AT&T equipment shelter and generator. The property is on Diddell Road and is identified by Tax Grid No. 6359-01-480600. 14-3301/Myers Corners-Rawland Site -To discuss the proposed construction of a 150'stealth cell phone tower ("tree tower") to be housed within a 60' by 60' fenced in compound. The compound will also house a 12' by 20' AT&T equipment shelter and generator. The property is on Myers Corners Road and is identified by Tax Grid No. 6258- 03-376432 _ Ms. Jaworski: My name is Myriah Jaworski along with my colleagues we are from Phillips Lytle we represent AT&T. 21 Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 22 Mr. Walters: My name is Adam Walters and I am an attorney for Phillips Lytle. With the increase of smart devices, the industry is requiring more coverage. Additional signal strength is necessary. Signal strength has changed over the years and coverage has changed. We did not supply you with RF maps since this is in the conceptual stage. (Pointing to the map) this area here is lacking coverage. The new tower will help to provide lacking coverage. There will be a balloon test which will take about four hours. They float a balloon and drive around the area taking pictures to see the visibility of where the tower will be. We would notify the residents of the balloon test. Mr. Valdati: In the past we have had an RF engineer of our choice, which you will have to provide. It also appears variances will be needed. The town of La Grange will need to be notified for the Diddell Road tower. Ms. Jaworski: If we could schedule the balloon test, this would be a good season to do this. I know a public notice will need to be published. If you could propose a date, the end of March or the beginning of April would be good. Ms. Leed: How big is the balloon and what color is it? Mr. Armsby: My name is Parker Armsby and I am from Airosmith Development. We will work with your code and I believe it is 36 inches in diameter. They are an off white color. It is usually done on a weekend. From that balloon test, we develop a computer scale and they would be available at the Public Hearing. Mr. Valdati: Since this is a conceptual and the applicant has not made a formal application, can we grant permission for the balloon test. Ms. Cobb: I believe we can do the balloon test at this phase because it is preliminary to the application. I don't see a problem scheduling it at this point. Mr. Walters: We like to give you a complete application and this information we find helpful. Ms. Jaworski: We would also have an aerial shot. Mr. Malafronte: There are other antennas on a nearby building on the Myers Corners site. Will there be interference? Mr. Walters: The FCC has guide lines and frowns on interference with other providers. Ms. Jaworski: There will be mailings sent to the residence informing them of the balloon test. In respect to the RF engineer, do you have one in mind? 22 Mr. Valdati: Mr. Stolman: Mr. Valdati: Mr. Valdati: Ms. Visconti: Mr. Dao: Mr. Valdati: Board: Meeting Ended: 8:25PM Town of Wappinger Planning Board Summarized Minutes -March 17, 2014 Page 23 We have used Mr. Musso in the past. Do we have to circulate for Lead Agency? Yes. Does anyone else have any questions? Hearing none, we will wait for your formal application. Do I have a motion to adjourn this meeting. I make a motion to adjourn this meeting. Second. All in favor? Aye. Respectfully, ,~-~.- Sue Rose, ecretary Planning Board 23